Media Release from Leader of the Opposition Lia Finocchiaro:
The CLP has today unveiled “Declan’s Law” a new Bail Amendment Bill it will introduce in Week 1 of Parliament if elected on 24 August.
Declan’s Law is part of the CLP’s Plan to reduce crime through early intervention, addressing the root causes and real consequences for repeat and serious offenders.
The legislation comes after the murder of 20-year-old bottle shop worker Declan Laverty last year by a 19-year-old who was on bail at the time for a previous aggravated assault.
Declan’s death resulted in a rally of 4,000 people in Darwin calling for better bail laws, led by Declan’s mother, Samara Laverty.
“Declan’s Law will propose a suite of Bail Reforms designed to increase community safety by keeping violent and repeat offenders off our streets so that it may prevent another senseless death like Declan’s,” said Leader of the Opposition Lia Finocchiaro.
“Samara Laverty has been a brave force for better bail laws since Declan’s death and it is because of her advocacy these important reforms will delivered if the CLP is elected.
“Declan’s Law will keep Territorians safe and ensure repeat offenders are held accountable.”
The CLP’s Declan’s Law will amend the Bail Act 1982 to include:
• Presumption against bail for all serious violent offences
• Presumption against bail for serious violent offences when the use or threatened use of all weapons, including ‘offensive weapons’ is involved
• Presumption against bail for repeat offenders—defined as those that have been found guilty of 2 or more offences within the previous 2 years—and those that are alleged to have committed another crime while on bail
• Reinstate breach of bail conditions as an offence for youths
• Introduce mandatory electronic monitoring if a repeat offender is granted bail or re-offends while on bail
The new legislation will ensure serious violent offences, regardless of whether a weapon is used or not, start with a position of no bail on their first offence.
“The current legislation does not go far enough to protect Territorians,” said Mrs Finocchiaro.
“The CLP will expand the list of weapons to include ‘offensive weapons’, which includes any improvised weapon used such as cars, rocks, smashed bottles and golf clubs.
“This means if you steal a car and try to run someone over, you will start with a position of no bail. The same for rock throwing, which can inflict just as much harm as a knife.
“These important bail reforms target serial offenders who repeatedly put the community at risk and make them accountable for their crimes.”
Samara Laverty said Declan’s Law was an important first step to protect the community.
“Today, I stand with the CLP to support this bail amendment to be known as Declan’s Law. I support the changes outlined strongly,” she said.
“My family has been through the worst of the worst and whilst Declan’s death was a conglomeration of many sliding doors moments that lead to Mr Kerinauia stabbing Declan to death. However, if Mr Kerinauia’s behaviour had been checked and corrected at any point, he would not have been in that location and I would still have my son. Something has to be done to prevent other families going through this living hell as a result of the current weak bail laws. It is a multifaceted and multigenerational problem, and all of it needs addressing.
“Someone has to start, and these proposed reforms are a beginning.”
In addition to Declan’s Law, the CLP will work closely with Ms Laverty on a range of other initiatives designed to keep the community safe such as simplifying wanding powers to help Police crackdown on knife crime and new minimum mandatory sentencing for a first offence for assaulting a worker.
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