South Australian Senator Nick Xenophon called for an urgent review of his state’s bail laws earlier this week, condemning the lenience of current bail policies.
“People who commit serious crimes while under the influence of the drug ice should be treated the same as terrorists,” he stated, adding Australia needs tougher laws that will send offenders known to abuse ice to mandatory rehabilitation centres, instead of them being released.
Meanwhile, the Victorian government has announced a shake-up of its system, which currently uses trained volunteer bail justices after hours, whereas in South Australia police officers can grant a person bail in the first instance, and if it is denied then an application can be made to the Magistrates Court.
South Australia’s prison population continues to grow rapidly, leaving very few beds available across the state, resulting in mores cases being granted bail unless there are good reasons for it to be refused.
“There’s an argument that the bail laws in this state and around the country should be changed so there is a presumption against bail if you are on are ice, unless there are special circumstances to be released,” Xenophon said, stressing that the key issue has to be community safety, while quoting parents of ice users who have complained it was hard to get their children treatment.
“I make no apology for saying that a crystal meth lab has the same potential to cause damage to the community as a terrorist cell − given what this drug can do to people and given the impact it can have on people and, in turn, it can lead to acts of violence.”
Answering to his opposition, Senator Xenophon stated that he will be working with his colleague (state MLC) John Darley on a national overhaul of bail law changes but also to “address the scourge of ice”.
“We need to consider having preventive detention laws, in the same way that is used for terrorists, for those that commit dangerous offences whilst on the drug ice,” he continued. “A meth lab has the same potential to cause harm to the community, to cost lives as a terrorist cell and it’s about time that we had laws to reflect that.”
Supporting Xenophon, Australia’s most senior parole board chair, Frances Nelson QC, highlighted that about 80 per cent of parole applicants had a substance abuse problem.
“Of those (80 per cent of) prisoners, nearly all of them have a marijuana problem but also have an amphetamine problem, and we’re seeing more and more amphetamine problems now,” she said.
“Prisoners tell me frequently (ice) is extremely addictive, even one use can lead to an addiction and the effect on that person who uses it, their families and the victims in the communities is disastrous.
“In my view, and I speak from experience, we need a residential facility to deal with people who have a drug problem. It’s not possible to deal with it in the community. I’d rather see us preventing crime in the first place and having fewer victims in the community,” Ms Nelson concluded.