After Hours Bail service axed leaving vulnerable teenagers locked in adult NT Police facilities
A young girl’s treatment in a Top End adult police facility has been compared to a stint in ‘Guantanamo Bay’, as legal experts call for a critical after hours service to be restored.
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A young girl was left in “solitary confinement” in an adult NT Police facility for more than 48 hours following the axing of a critical on-call judge service.
North Australian Aboriginal Justice Agency acting chief executive Anthony Beven has compared the treatment of a 15-year-old girl in the Palmerston watchhouse to “Guantanamo Bay”.
The NT News understands despite having never been in trouble with the law before, the girl was denied bail on Friday, March 14 meaning she spent the weekend locked up before she could go before a judge.
Mr Beven said the girl was arrested over allegations of a shoplifting offence, stealing $60 worth of items, and for being a passenger in a stolen car.
“So she was held in a watchhouse with adults,” Mr Beven said.
“And because she was the only youth, she was isolated by herself.”
Mr Beven said the girl was kept in a cell with “the lights on 24 hours, adults screaming, coming backwards and forwards”.
“From our perspective it’s just not good enough that a young child has been held all weekend in an adult facility, basically in solitary confinement with the lights on,” he said.
“That is what you see in overseas prisons and in Guantanamo Bay — this is the Northern Territory.
“These are Australian citizens and these are young people, they don’t deserve to be treated that way.”
Mr Beven said when the girl was eventually brought before a judge on Monday, she was released with no further time or any penalties.
It comes just a week after the critical After Hours Bail Service was quietly cut by the NT Courts on March 7.
A NT Courts spokesman said the service was cut due to growing pressure over the past few years, particularly due to the increasing number of people in custody.
“The Local Court does not currently have the resources to provide an appropriate service to consider bail applications outside of court sitting hours,” he said.
“A telephone bail application, if police have refused bail, can still be made for youth and for adults at remote stations, during business hours.”
He said while police had the power to grant bail, if that was denied an adult or child should be brought “as soon as practicable before the court”.
“The Local Court is monitoring the impact of the cessation of the after hours bail review service.”
Mr Beven said NAAJA wrote to Chief Judge Elizabeth Morris about the cancellation, calling for a youth after-hours service to be restored so children could access bail or be transferred to a youth facility.
He also flagged issues with police discretion around bail, saying under the Act they were “supposed to not hold a person under those circumstances beyond a reasonable time”.
Last Friday, NT Police said all children in police custody not released on bail were transferred “into the custody of Territory Families as soon as practicable”.
“All police watchhouses have the capacity to detain youth and they are managed in a watchhouse environment through strict policy and procedures that are underpinned by legislation,” a spokesman said.
NT Police declined to comment.
Mr Beven said he continued to have concerns about the exposure of children to the adult facilities, particularly in the lead up to the Easter long weekend.
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Originally published as After Hours Bail service axed leaving vulnerable teenagers locked in adult NT Police facilities