Supreme Court Justice Tottle published reasons that found the lockdown of at least three Indigenous youths at Banksia Hill was unlawful. This has been an ongoing problem for the prison system, parents of incarcerated youths and politicians for many years.
In response, public opinion is vocal: “Do the Crime do the Time,” and “what about the victims of violence….” Two sides to the so called coin. In situations like the this there is no right or wrong in opinion.
On the one hand the perpetrators, actual or alleged, are mostly children on the other hand there are members of society that have been robbed, had their homes invaded and beaten. Dealing with offenders in a just manner becomes a flawed exercise in punishment or rehabilitation when the custodial system is flawed.
Quite clearly locking anyone up whether adult or child, for 24-hours in solitary confinement due to low staffing levels is manifestly unjust. Let’s get one thing straight – there are good reasons for placing a detainee in solitary confinement. The reasons are largely to do with the safety for the detainee other detainees and custodial staff.
Government response to what Justice Tottle had to say will be interesting.
