Fewer people granted bail under Declan’s Law, but no quick fix to corrections woes

Presumption against bail will be expanded to all serious violent crimes under new laws expected to pass next week, despite no plan locked in for where the extra prisoners will be kept.

Presumption against bail will be expanded to all serious violent crimes under new laws expected to pass next week, despite no plan locked in for where the extra prisoners will be kept.

A suite of bail and knife crime reforms named in memory of murdered bottleshop worker Declan Laverty, were revealed on Monday ahead of the first sittings of the NT’s new parliament on October 15.

Declan’s Law will extend presumption against bail to all serious violent offences – not just those involving certain weapons – and for anyone found guilty of two or more serious offences in the past two years, including non violent crimes such as drug possession and stealing.

Any repeat serious offender who is granted bail will be forced to wear an ankle monitor.

Approvals for police wanding will also be simplified, and extended beyond high-risk areas to include more public spaces, along with schools and public transport.

Chief Minister Lia Finocchiaro, Corrections Minister Gerard Maley and Attorney-General Marie-Clare Boothby reveal details of their flagship bail reform policy Declan's Law, to be introduced in the NT this month. Picture: Fia Walsh.

Chief Minister Lia Finocchiaro said almost all of the changes would come into effect immediately, while others were pending the purchase of additional wands and electronic monitoring bracelets.

Mrs Finocchiaro said if the laws did not work to reduce crime, she would consider removing the court’s discretion to grant bail under exceptional circumstances.

“Our position is that we want less people bailed and less people who are a risk to our community out on the streets,” she said.

“This sittings of parliament is about an interim crisis management response, there are many more laws which we will pass through the parliament over the next four years.

“We won’t be a policy set and forget government – we’re very much going to be reviewing the efficacy of the laws we pass, and if they need to be strengthened then the CLP will do that.”

The new Darwin Youth Detention Centre at Holtze is now expected to open in November. Picture: Pema Tamang Pakhrin

With Territory prisons and watch houses already over capacity, where to accommodate the additional influx of people on remand remains an acute challenge.

Corrections Minister Gerard Maley said “all options are on the table” but there was “nothing locked in yet”.

“We don’t have a huge pocket of money, and you don’t just build a prison overnight,” he said.

“We’re working urgently on the new (prison) infrastructure program, and we’re working with the (Corrections) Commissioner to get it up and running. As soon as we get that plan happening we’ll announce it.”

Mr Maley said the long-awaited new youth justice facility was expected to open in November – two years later and $60m more than originally forecast.

Samara Laverty said she was extremely grateful to see Declan’s Law introduced.

Declan Laverty’s mother Samara said she was “extremely grateful” to see Declan’s Law become a reality.

“This could not have happened without the community coming together to help make the Territory a safer place and, for that, I will be forever thankful,” she said.

Deputy Opposition Leader Dheran Young said Labor supported measures which would make a real difference to community safety and “we will take time to consider if this legislation actually does that”.

“Punitive measures alone won’t make the community safer there needs to be a strong focus on crime prevention through youth diversion programs, pathways to long-term employment and fully funding Territory schools,” he said.

Greens MLA Kat McNamara said the CLP’s “tough on crime policies”did not work to make Territorians safer.

“It hasn’t worked in the past, and it won’t work now,” she said.

“True community safety means keeping children out of jail, and supporting families.”

DECLAN’S LAW DETAILS

The bail amendments include:

• Removing the existing requirement for use, or threatened use, of a weapon for there to be a presumption against bail.
• Expanding the presumption against bail to include youths (10-17 year old).
• Under the proposed amendments, examples of a ‘serious violent offence’ include threats to kill, recklessly endangering life, assault offences, and sexual offences.
• Any breach of bail will also be an offence. The legislation reinstates breach of bail as an offence for youths.
• There will be a presumption against bail for anyone found guilty of two or more ‘serious offences’ in the previous two years, and those that are alleged to have committed a serious offence while on bail for a serious offence.
• Examples of a ‘serious offence’ include possessing a dangerous drug, escaping lawful custody and stealing.
• Mandatory electronic monitoring for repeat serious offenders who are granted bail. Previously, this was not a mandatory condition for the court to impose.

The knife crime amendments include:

• A simpler approvals process for the use of handheld scanners (wands).
• Police can use wands in more public places, not just high-risk areas, including public transport and schools.
• Increased duration of authorised use of a wand in a public place from 12 hours to 72 hours.

Originally published as Fewer people granted bail under Declan’s Law, but no quick fix to corrections woes