The Independent National Security Legislation Monitor, James Renwick has released his report to the Prime Minister on the prosecution and sentencing of children for terrorism.
Charged by former Prime Minister, Malcolm Turnbull to review the matter and consider implementing “arrangements to ensure a consistent approach to the prosecution of children for Commonwealth terrorism offences”, Dr Renwick makes 11 recommendations.
“In the United Kingdom (and to an extent in New Zealand), I have consulted with judges, prosecutors, experienced counsel, my current and recent counterparts, and experts in disengagement and counter-radicalisation,” Dr Renwick said.
“I independently reviewed the operation, effectiveness and implications of national security and counter-terrorism laws, and considered whether Australia’s national security and counter-terrorism laws contain appropriate protections for individual rights.”
He recommended the Crimes Act be amended so that, in the case of children, and within the exceptional circumstances test, it expressly provided for additional consideration of the best interests of the child.
Dr Renwick further recommended that serious terrorism charges — those carrying a maximum sentence of imprisonment of 15 years or more — should always be tried on indictment (in which case Section 80 of the Constitution guarantees a jury trial) and not in children’s courts.
“I recommend that the Federal Court of Australia be given concurrent jurisdiction with the courts of the States and Territories to hear all terrorism matters, including for children,” Dr Renwick said.
He said that as terrorism trials threw up difficult, sometimes unique, challenges for the presiding judge, and Federal sentencing was extremely complex, enhanced judicial training, including on the unique issues arising in the trial of children, was highly desirable.
Dr Renwick recommended funds be allocated to allow two English and two Australian judges expert in the conduct of terrorism trials to travel each year to the other jurisdiction to observe the conduct of terrorism trials.
The inspector’s 208-page report can be accessed at this PS News link.
