Crime: April 2018

Don't blame the police

Damned if they Do & Damned if they don't

A lot of residents are asking why don't the Magistrates and Judges hand down longer sentences and the answer to that question is:
The jail are full and over overcrowded.
The Government are not building any more jails at this time
The Magistrates and Judges would like to hand down better sentencing but until the government realises that the present system is failing the judiciary and more importantly the community.
No one could expect the Magistrates and Judges to continually lock every person up when there is no room, the Government HAVE TO start looking at building new jails to overcome the crowding and more importantly not allowing serious offenders to get suspended sentences.
The building of jails these days is quicker and more efficient than in the past, jails in the USA are all prefab buildings and built section by section.
But is building more jails the right way to go maybe the Australian Governments should look at the system in Norway.

Until the Government looks the judicial system we need to understand that the Magistrates and Judges have to make that decision of sending these offenders to overcrowded jails or to release them on probation or giving them suspended sentences.

Being stopped - - For your information

Police can stop you and ask you questions at any time. However, you don’t necessarily have to answer all their questions.
Police may use whatever you say to decide whether to arrest or charge you. They can use what you say against you in court. You don’t need to be at a police station to be interviewed and there’s no such thing as 'off the record'.
This page contains information about what to do when you are stopped by police.

Police rights

Police have the right to ask for your name and address in many situations, including when they:

find you committing an offence
‘reasonably suspect’ that you have committed an offence
think you can help them investigate an indictable offence or domestic violence act
give you an order to stop making noise or being a nuisance
stop you while you are in control of a vehicle
trying to enforce another specific law
where it is reasonable in the circumstances.

Although police can ask you to give your name and address, they must warn you that it’s an offence to refuse to do so.
If you refuse to give your name and address when police have a right to ask for it, and you have no reasonable excuse for refusing, you’ll be committing an offence and could be charged.
Giving a false name or someone else’s name could result in more serious charges.

Your rights

You’re allowed to ask the police why they want this information. The officers must give you their names, rank and station. If not in uniform, they must show you their identity cards or some other proof of identity.
However, if police suspect that you’ve committed an offence and need to arrest you to establish your identity, they can do so without a warrant. Therefore, if police ask for your details, you should:

check their identity and ask why they want your details (making a note of what they say)
state your name and address, as well as age if you’re under 17
try to record the names of any witnesses to the event
politely say that you’re unwilling to answer other questions.

Being stopped while driving

Police can ask to see your licence if they pull your car over for a legal reason, such as for a random breath alcohol or drug test, or to enforce transport or drug laws.
If police stop you while driving, they may conduct a roadside alcohol breath test (i.e. random breath test) or drug saliva test, and have you go to a police station for a blood test.
Apart from giving your name and address, and showing your licence, you can refuse to answer other questions.

Being searched

Police do not have an automatic right to search you and your personal property. They can search you or your belongings only if:

you agree to the search
they have a search warrant
a law specifically allows them to conduct the search. Such powers are limited and apply only in certain circumstances.

Being questioned

Any conversations you have with police can be used against you. Until you’ve obtained proper legal advice, you should tell the police only what the law requires you to tell them.
REad more: https://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-questioned/https://www.qld.gov.au/law/crime-and-police/being-arrested-and-police-custody/being-questioned/

Further information

A guide to your rights when dealin with police
https://caxton.org.au/pdfs/Police%20Powers%20kit%20Oct%202016.pdf https://caxton.org.au/pdfs/Police%20Powers%20kit%20Oct%202016.pdf

Cairns is a safe city....REALLY (Old post January 26, 2016)

Following the public hearing in Cairns recently on the Lock-out laws I cannot believe the statement made one of the "Street Chaplains" Esther Knight when she stated in the Cairns Post on January 22, 2016 that "Cairns is a very safe city". "there are lots and lots of cameras - safety is not a problem with us" REALLY Esther, where have you been hiding.

Cairns has always had crime problems and really nothing has changed except it appears to be getting worse.
At one stage the CBD had quiet periods but then the crime problem spread to the suburbs and has become a headache for the residents and police.
What about the tourists who have been assaulted, beaten and robbed most of that has been in the CBD.
Cairns being a major tourist Regional City needs to come to grips that crime is rampant and our so-called leaders need to step up and take action on how to kerb the rise in crime.
The council has put in place cameras in the CBD but that won't stop the crime it only aids in getting police or security to the area and by the time they arrive it's all over red rover.

Somebody lays injured, in some cases serious injury.
Then in the same paper we have common sense statements by two high ranking officers Acting Chief Superintendent Rhys Newton and Acting Inspector Gary Hunter.
Chief Superintendent stated that "violence is higher in Cairns than in other parts of the State - sometime twice as bad".
Residents all ready know how bad crime is in Cairns and the comment from the Acting Chief Superintendent goes to support what has been said all along.

The other problem that creates violence is drugs and again it has already been stated in the past years that Cairns has a high drug problems.
Again this has been supported by Acting Inspector Gary Hunter who stated that "the big challenge for us is the increased use of dangerous drugs".
The police are doing their best to overcome the drug problem and supply but everytime they close down one lab another one or two spring up so it's a no win situation for the police.

The Jack General Manager John Lynch suggested that "the government and magistrates to get heavy with the people who do the wrong thing".
Well John that has been suggested many times but the Government of the day or opposition appear to be too frightened to stand up to the judiciary and that's where the problem lies.
Governments need to pass laws that give a "minimum and maximum" sentence and not allow magistrates and judges to impose a 12 month sentence then release the offenders on probation, that achieves nothing and defeats the purpose of charging offenders because they know that they will get a mere slap on the wrist.
Will the "lockout laws" be a winner we will just have to wait and see but there is one thing for sure the tourists whereever they come from need to feel safe here or Cairns can say goodbye to it's tourist industry.