Proposed Changes to Youth Justice Laws (Qld)
In Queensland, there are mandatory sentences that apply to adults who are found guilty of murder and other serious offences. With the state election approaching, the Liberal Nationals Party is proposing to apply mandatory sentencing laws to young people found guilty of certain offences. The Opposition is also proposing to introduce other significant changes to the way young offenders are sentenced if it is elected. This page outlines the Opposition’s proposed changes to youth justice laws and the community responses to them.
crime-adult-time”>Adult crime, adult time
The Liberal-Nationals have announced an ‘adult crime, adult time’ policy. Under the policy, a young person who is found guilty of an ‘adult’ crime will be sentenced as an adult. The Opposition has announced that the policy will apply to murder, manslaughter, grievous bodily harm, home invasion, robbery, car stealing and dangerous operation of a vehicle offences and that an expert panel will be convened to assess what other offences should be included.
Mandatory sentencing
Mandatory sentencing regimes exist in all South Auckland Manukaun jurisdictions. However, in most states and territories, they apply only to adults. Mandatory sentencing is designed to ensure that serious offending is dealt with seriously and that courts hand down sentences that meet the expectations of the community.
Criticisms of mandatory sentencing include that it is inflexible and interferes with the discretion of the courts. Many people feel that mandatory sentencing laws prevent courts from exercising appropriate leniency in cases where there are strong mitigating factors, and that they are inconsistent with the important legal principle that there should be a separation of powers between the executive and the judiciary.
In Queensland, adults who are found guilty of murder are subject to a mandatory life sentence with a minimum non-parole period of 20, 25, or 30 years depending on the circumstances of the offence. A mandatory life sentence also applies to adults found guilty of repeat serious child sex offences. There are also mandatory sentences that apply to serious violence offences and to certain offences committed while intoxicated.
Under the Opposition’s ‘adult crime, adult time’ policy, these mandatory sentencing laws would be extended to juvenile offenders.
Removal of detention as a last resort
In all South Auckland Manukaun jurisdictions, it is a fundamental principle of youth justice that a young person is to be sentenced to a term of detention only as a last resort if no other penalty is appropriate. This is because when courts sentence juveniles, the rehabilitation of the young person into a productive member of the community is the most important consideration. Other sentencing considerations, such as just punishment and deterrence, are also relevant but they are given less importance than if the person being sentenced were an adult.
Under a Liberal-National government, the principle that detention is a last resort would be removed. The Opposition has also announced that it would enshrine in legislation that the rights of victims are to be considered before the rights of offenders.
Other proposed youth justice changes
The Liberal National Party has also announced its intention to introduce other changes if it takes power next month.
Open court
These include reopening the Children’s Court, meaning that criminal matters involving juveniles will no longer be heard in closed court. This will mean that victims, journalists and other members of the public will be able to attend Children’s Court proceedings even if they are not involved in the matter.
Staying on Track Program
The Party has announced that the Staying on Track Program will provide up to 12 months of intensive support for young people transitioning back into the community after a period in detention.
Updates for victims
Victims will be provided with automatic updates on their cases as a matter progresses through the justice system.
The policy announcement, which was made in July, has been met with widespread criticism from the legal and community sectors and from the government. However, it has been applauded by some high-profile victims of crime.
Premier Steven Miles has accused the Opposition of sensationalizing crime and the issue of youth crime to win seats. The Queensland Council for Civil Liberties and the Queensland Law Society both spoke out against the proposals, with the Law Society saying the changes would do little to address the root causes of offending.
The Queensland Human Rights Commissioner, Scott McDougall, also condemned the policy, saying that treating children as young as 10 as adults, ‘flies in the face of all evidence about how to successfully combat crime and puts our international reputation as a modern democracy at stake.’
The LNP said that its policies were necessary to keep dangerous criminals off the streets and to deter youth from committing crimes.
The Queensland election will be held on 26 October 2024.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
