Sentences with phrase «mandatory sentencing breaches»
Mandatory sentencing breaches Article 14 (4) for the reasons cited above regarding Article 10 (3).
https://www.humanrights.gov.au/
The report shows how mandatory sentencing breaches a number of internationally - accepted human rights standards (pp137 - 149).
Not exact matches
In two of those decisions, R. v. Smickle and R. v. Nur, the Court found that the mandatory minimum sentence provisions of s. 95 of the Criminal Code breached s. 12 of the Charter of Rights and Freedoms, but did not breach s. 7 of the Charter.
The report states that mandatory sentencing laws are the antithesis of social justice, are inconsistent with best practice standards in criminal justice and breach Australia's international human rights obligations (p169).
Work through COAG to reform state and territory laws that breach children's rights including mandatory minimum sentencing laws and the holding of children in adult prisons
The mandatory detention laws in the Northern Territory and Western Australia do not allow for a right of appeal against the sentence, if the sentence should equate with the minimum permitted, and is therefore in breach of the ICCPR.
The federal government has constitutional power to override mandatory sentencing laws but has explicitly chosen not to do so, in breach of its obligations under Article 50.
As I outline in the previous section, this is not the reason why the Committee concluded that mandatory sentencing laws breach the Convention.