Declan’s Law changes kick in to gear as NT prisons grapple with record-breaking numbers ahead of ‘riot season’

The Territory’s prison system already buckling under record-breaking prisoner numbers is preparing for the rollout of tough new bail laws. See why workers are worried.

NT Police Commissioner Michael Murphy and Attorney General Marie-Clare Boothby on December 31, 2024. Picture: Zizi Averill.

Tough new bail laws could see more Territorians locked behind bars in overcrowded and understaffed prisons ahead of “riot season”, the union has warned.

Attorney-General Marie-Clare Boothby confirmed the stricter bail changes would kick into effect on Monday, January 6 as Corrections break new records on prisoner numbers this week.

The October ‘Declan’s Law’ reforms impose a presumption against bail for a number of serious violence and weapons offences, but also include non-violent offences such as drug possession and stealing.

On Tuesday, Police Commissioner Michael Murphy said the inclusion of these other offences was to respond to the “escalation of violence associated with stealing” in offences ranging from car thefts to handbag snatchings.

The reforms apply equally to children and adults, and reinstate breach of bail as an offence for youth.

NT Police Commissioner Michael Murphy and Attorney General Marie-Clare Boothby on December 31, 2024. Picture: Zizi Averill.

The changes take discretionary power out of the hands of police, and place them with the courts which can still grant bail to an alleged offender.

Ms Boothby conceded judges still had their independence and would continue to take into consideration the relevant factors in assessing individual bail applications.

“While it is anticipated the changes will result in less people being granted bail and more people on bail being subject to electronic monitoring, there are a number of variables which make it difficult to predict the number of people that will be impacted,” she said.

A 2023 Bail and Weapons Offences Review Taskforce report found 91 per cent of people who were granted bail while charged with a serious violence offence did not go on to reoffend while in the community.

Amid rising court wait times, Ms Boothby was asked if she was comfortable with the bail changes resulting in Territorians being locked up despite not posing a reoffending risk.

“I make no apology for the fact that if we can ensure that even a small number of offenders are dealt with, and are not out on our streets again committing more crimes, then I will do that,” she said.

Despite all prison facilities running at their maximum capacity, Corrections staff anticipate a 7 per cent increase in prisoner numbers over the New Year’s period.

United Workers Union NT secretary Erina Early said the already record-breaking prison population was expected to grow by around 180 people, partially due to the bail reforms.

United Workers Union NT secretary Erina Early in the union office on Wood St, Darwin on December 31, 2024. Picture: Zizi Averill.

Ms Early said this was an additional strain to a prison system already at “crisis levels”, with just 690 officers monitoring the safety and security of 2598 prisoners.

She said workers were pulling 16-hour shifts while prisoners were kept in rolling lockdowns.

Ms Early said the understaffing and overcrowding crisis had created the “insane” scenario where a couple of Corrections officers were overseeing 700 locked-down prisoners in Alice Springs on a night shift.

However a Corrections spokesman maintained there was “no occasion” where only two guards were responsible for 700 prisoners.

“There are occasions where officers are required to be redirected from the Centre to other duties, such as accompanying prisoners to hospital, day or night,” he said.

“In recent days staff and senior staff have been recalled to duty where there has been staff shortages.”

Ms Early said Alice Springs prison had a 40 staff shortfall as it headed into “riot season”.

“It’s a struggle every day for officers … they’re saying it’s hard for them to get out of bed because they’re going into — excuse my language — to deal with pushing up s**t,” she said.

“They know they’re going to be short staffed, they know they’re dealing with inhumane conditions for the prisoners.

“And they’re very concerned that they're not going to come home that night, either they’re going to be assaulted or something worse.”

Treasurer Bill Yan said while there had been investments to police, the justice system’s budget had not kept pace, leaving it in “dire circumstances”. Picture: Gera Kazakov

Treasurer Bill Yan said while there had been investments to police, the justice system’s budget had not kept pace, leaving it in “dire circumstances”.

“We’re now scrambling to look at the budget and the cost pressures within corrections and in our court system to make sure that they’re funded appropriately,” Mr Yan said.

He said for every extra dollar spent on police, there should be $1.50 invested into the justice system, including legal services, courts and prisons.

The former Alice Springs prisons boss said the key to addressing crime was bringing down recidivism rates, saying there needed to be a push on vocational education within correctional services.

Yet on Monday, Mr Varley said emergency measures meant prison education programs were not being delivered.

Originally published as Declan’s Law changes kick in to gear as NT prisons grapple with record-breaking numbers ahead of ‘riot season’