World News
Queensland concedes new youth bail laws breach human rights
The state's proposed 'breach bail, go to jail' policy would impose a mandatory minimum 12-month sentence on repeat offenders as young as 10.
The short version
- The Queensland government has introduced legislation imposing a mandatory minimum 12-month sentence without parole for individuals as young as 10 who commit a significant offense while on bail or fail to appear in court.
- In tabled documents, the government acknowledged that the proposed laws breach the state's Human Rights Act and risk exacerbating overcrowding in detention facilities.
- To implement the laws, the government is utilizing an override of the Human Rights Act, citing a high rate of serious repeat offenses by people on bail as the justifying exceptional circumstance.
Key facts
- The Queensland government's proposed 'breach bail, go to jail' legislation applies to both adults and children as young as 10 who are charged with a 'significant offense' while on bail or who fail to appear for court.[The Guardian]
- If convicted of the secondary offense, offenders would face a mandatory minimum 12-month sentence without parole, which would apply even if they are eventually found not guilty of the initial offense for which they were on bail.[The Guardian]
- In documents tabled alongside the bill, Queensland conceded that the laws limit rights to liberty and humane treatment, and will worsen overcrowding in correctional facilities and youth detention centers.[The Guardian]
- Attorney General Deb Frecklington justified overriding the Human Rights Act by pointing to the high rate of serious repeat offenses committed by individuals on bail.[The Guardian]
- Premier David Crisafulli defended the policy, stating he would prioritize 'full jails' over criminal activity in people's homes and that the legislation would give Queensland the country's strongest bail laws.[The Guardian]
- Legal and criminological experts criticized the legislation, arguing that mandatory sentencing removes necessary judicial discretion, lacks a proven deterrent effect, and could lead to cruel outcomes.[The Guardian]
What remains uncertain
- It remains to be seen how the state's infrastructure will cope with the expected increase in the incarcerated population, though the Premier indicated plans to open additional jails.[The Guardian]