62261 (2024). Hon Dr Duncan Webb to the Minister of Justice
Written Question
Published date: 08 Oct 2024
62261 (2024). Hon Dr Duncan Webb to the Minister of Justice: Will any particular system be put in place to trigger a notification that the circumstances in cl8A(1) of the Gangs Bill (or Act if assented) (three gang patch convictions) have occurred; or will it rely on judges or registry staff checking lists of convictions manually every time a gang patch conviction is entered?
Hon Paul Goldsmith: Judges must make a gang insignia prohibition order whenever a person has received their third conviction for displaying gang insignia in public places within 5 years.
The court system has several processes to keep track of a person’s relevant prior convictions, including that:
- The prosecutor is likely to raise the matter at sentencing;
- Judges receive guidance on newly created offences, and will be able to independently identify convicted defendants who qualify for the order; and
- The digital Case Management System will notify the Registrar if a person’s sentence is being entered and has not included a gang insignia prohibition order where it should be applied.