ASC rules strip searching female prisoner illegal breach of human rights
#court Alexis Kaczmarek #court Alexis Kaczmarek

ASC rules strip searching female prisoner illegal breach of human rights

The ACT Supreme Court has determined that the human rights of an Aboriginal woman detained at the Alexander Maconochie Centre (AMC) were breached when she was subjected to two strip-searches in 2021. These searches were ruled to have violated the ACT Human Rights Act, affirming that even in custody, individual dignity must not be disregarded.

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Human Rights Behind Bars: The Duty to Protect Female Prisoners
#court Alexis Kaczmarek #court Alexis Kaczmarek

Human Rights Behind Bars: The Duty to Protect Female Prisoners

Every person in custody retains basic human rights. Chief among them is the right to safety, dignity, and freedom from abuse. The recent $2 million lawsuit brought by Keli Lane against the NSW Government highlights how deeply these rights can be breached when systems fail to protect women behind bars.

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SA Court of Appeal quashes conviction over the ‘rule against narrative’
#court Alexis Kaczmarek #court Alexis Kaczmarek

SA Court of Appeal quashes conviction over the ‘rule against narrative’

In McClelland v The King [2025] SASCA 87, the South Australian Court of Appeal has overturned a rape conviction after finding a failure to direct the jury on an out-of-court statement left ‘obvious risks’ that the jury would ‘misuse the conversation’, to either bolster the complainant’s credibility (the ‘bolster rule’) or as evidence of uncharged acts.

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