The Bikie Gangs

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The bikie gangs or the outlaw motorcycle gangs in NSW, are known to be involved in crimes and violence in the society. Various bikie gangs such as the Rebels, Bandidos, Hell Angels and Comancheros have been involved in serious crimes such as murder, serious assault, kidnapping, possession of illegal weapons, drug trade and property and traffic offences. Therefore, the NSW Crimes Act was passed by the government in 2009 to control the bikies in order to stop the danger they have been causing in the society. However, it is against the justice system to break up all the bikie gangs as it is not fair to the members and prevents their rights. The bikies are also not the only source of violence in the community and not all members are…show more content…
In all legal systems, the rule of the law is set out to provide justice, which is made up of fairness, equality and human rights. Any control order without fairness, equality and human rights is an offence to the key principles of the legal system. The constitutional principles include that “A State court cannot undertake a function which is incompatible with its role under Chapter III of the Constitution,” which provides the institutional integrity. Institutional integrity means the court has its essential characteristics such as giving reasons for its decisions and adherence to the court principles. Any power of all kinds should be controlled, legislative and judicial under the rule of law. The separation of powers between the legislature, the executive and the judiciary is done to make checks and balances on the law and the actions of the executives. The state courts are to maintain the characteristics of judicial power, independence and…show more content…
If the control order is passed, the gangs will be broken down and they will not be able to associate with each other and run their business activities. This is a disadvantage for those who are innocent as it prevents their income and right to associate. One of the human rights include the freedom of association and movement, and preventing it is against the justice system to prevent it because the aim of the rule of law is to have justice. In the NSW bikie gang case, all members are generalised as “these criminal gangs” by the police and the government. This is not a practice of fairness or equality as all people are innocent until they are proven to be engaging in serious criminal activities. It is not an act of fairness or equality as the members and organisations that have done nothing wrong is criminalised. The anti-bikie legislation is also against the normal court procedures as the defendants are not given the chance to appeal the decisions under the Act. Thus, the Act to control the NSW bikies is unreasonable as it attacks the fundamental human
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