Surprise new laws direct courts to keep children out of jail while on remand

Courts and police will be directed to lock up fewer children under surprise new laws introduced by the Palaszczuk Government to deal with its youth detention crisis.

COURTS and police will be directed to lock up fewer children under surprise new laws introduced by the Palaszczuk Government to deal with its youth detention crisis.

Youth Minister Di Farmer quietly introduced new laws yesterday that specify detention is a “last resort” for youths and there is an “explicit presumption in favour of release” when considering bail.

In comes amid increasing political pressure to deal with scores of children as young as 10 who are being kept in temporary, adult police cells for weeks at a time awaiting trail or sentencing because youth detention centres are full.

Yesterday there were 57 children in watch houses across the state.

Youth Minister Di Farmer. Picture: Liam Kidston.

Ms Farmer said the new legislation – which will be probed by a Parliamentary committee before a vote – struck a balance between minimising time in detention and protecting the community.

“Wherever it is possible and safe to do so, we want young people out of detention, especially when they have not yet been convicted of an offence,” she said.

Changes include requiring detained youths to be brought before Children’s Court “as soon as practicable and within 24 hours” or “on the next available day” and requiring police to think twice before arresting a child who breaches bail.

The legislation clarifies that bail can only be refused if there is an unacceptable risk the child will commit an offence, endanger a person’s safety, or obstruct the course of justice.

A child cannot be denied bail simply because they are homeless or do not have family support.

Courts and police may not institute bail conditions on the basis of a child’s age, maturity, health, disability, or their home environment.

Police must also make all reasonable efforts to contact parents and immediately contact Legal Aid before questioning so legal representation can be arranged early.

Ms Farmer said many young people on remand were there because they didn’t have a safe home.

“We know that by placing young offenders in detention, they are more likely to reoffend,” she said.

The law also clarifies an electronic tracker cannot be used on a child, in a direct rebuttal of a recommendation made by former police commissioner Bob Atkinson in his youth justice review.

Opposition Justice spokesman David Janetzki said the amendments would change nothing.

“Juveniles must be held accountable for their crimes, but they belong in dedicated facilities instead of police watch houses,” he said.