Military Justice Legislation Amendment Bill- First Reading – Video 7

Military Justice Legislation Amendment Bill- First Reading – Video 7

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yeah and a field thank you I call go raise Guerra men madam Speaker the principle purpose of this bill as has been repeated as to bring our military justice system more closely in alignment with our civilian justice system and in particular in terms of the rights of victims and in terms of some particular due process safeguards that are missing currently the rights of victims of sexual and certain serious violence offending to be notified has already been enshrined in our civilian justice system by way of the victims Rights Act of 2002 in the military justice system currently the only one of these rights that that exists is the rights of victims to be consulted on bail they currently don’t have the right to be notified of even breaches of bail by accused persons or or offenders that have affected them or even if the offender escapes custody or is released this is particularly concerning given the nature of the offenses that are that are involved here and there’s a failure to really take account of the type of trauma the kind of ongoing format that victims of this kind of offending suffer so the risk of retraumatization for a victim who finds out that an offender who sexually offended against them has been released and that they didn’t know about it the trauma that the family and father of that victim will suffer finding out that someone has been released or escaped custody where they have not been notified as huge and we have an obligation in any kind of criminal justice system to protect those victims and their family from that kind of reform at ization this bill will enhance those protections and bring the military justice system in line with what we already recognize as necessary to our civilian justice system in terms of the procedural safeguards the requirement for two expert reports for example on on any psychiatric challenge to the accused fitness to stand trial in the military system has been recognized again in the civilian system it’s the only way to really know authoritative lis if someone can be afforded the protection of that right of their and in fact unfit psychiatrically to stand trial and in particular note again in terms of the due process rights we have the onus of proof which for some reason and I can’t figure out why the military justice system has reversed up until now so that the accused person has the onus of proving his or her innocence essentially on a balance of probabilities which is a perversion of one of the central tenets of our criminal justice system being the presumption of innocence which places as a necessary component of it the onus on the prosecution now the reversal of the onus and the skin in military situations really places at risk any guilty verdicts that result from that process so the safeguard that says the prosecution has to bring the proof and and prove prove the charges to any standard whether it’s balance probabilities or beyond reasonable doubt really does safeguard the verdicts whether they’re guilty or not guilty this bill again brings our military justice system in line with those central tenants of our criminal justice system so the driving purpose of this bill to update our military justice system to make it fairer both for victims and for accused persons is really in line with the Green Party’s policy of upholding the rule of law in a democratic society whether it’s in our military system or civilian system I do come in the Spill via by to the house I call how they do he panel do you not we do now create a man apakah where it’s

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