Chief Justice Helen Bowskill speaks about youth crime

Queensland legal identities have weighed in on the treatment of youth offenders in the state’s court system, one saying the separation of powers must be upheld so judges can make decisions “free from political interference”.

The state’s top judge has spoken on youth crime issuing a statement to the media noting judges act in accordance with laws made by politicians and police can appeal bail decisions.

The Supreme Court’s Chief Justice Helen Bowskill said courts must keep children in custody if they’re satisfied there is an unacceptable risk the youth will commit an offence that endangers the safety of the community or the welfare of any person if granted bail.

“If a child has been granted bail, and there is a concern about the risk of offending, or other breach of their bail undertaking, there are a range of options available to the police,” Justice Bowskill said.

Queensland Chief Justice Helen Bowskill. File picture

Magistrate Mark Bucknall. File picture

“These options include to apply to the Supreme Court for a review of the decision to grant bail; to arrest the child or to apply to the Magistrates Court or the Childrens Court to vary or revoke the bail order.

“Magistrates and judges are independent judicial officers who make decisions in accordance with the laws that have been enacted by parliament and on the basis of the evidence that is placed before them in each particular case.”

Her statement follows comments by Redcliffe Magistrate Mark Bucknall that the courts were “armed with significant powers” as he revoked bail of a teen boy on Monday.

“I hear about weak youth justice laws and everything like that,” Mr Bucknall said.

“The courts are armed with significant powers through section 48Aaa of the Youth Justice Act.”

Mr Bucknall’s comments received the backing of Premier Steven Miles who said “magistrates and judges have the tools that they need to keep the community safe”.

“We’d urge other judges and magistrates to look at these comments (made by Magistrate Bucknall),” he said.

Mr Miles has previously faced backlash for claiming the safety of Queenslanders was being “held to ransom by rogue courts and rogue justices”, in what legal figures viewed as a breach of separation of powers.

Queensland Law Society President Rebecca Fogerty.

The Chief Justice’s comments were backed by The Queensland Law Society.

“The courts are an integral part of our justice system and are comprised of highly skilled judicial officers, who are independent and impartial in their reasoning,” QLS president Rebecca Fogerty said.

“Where there is disagreement about a particular decision the prosecution and/or the defence have the right to appeal.

“Judges possess all the relevant information required to administer justice in individual cases. Every case is unique and has its own facts, which may be complex. It is essential that judges and magistrates retain the flexibility of judicial discretion, to carry out their duties and make sentencing decisions according to law.

“Recent ongoing commentary regarding Queensland magistrates and their decisions on youth justice matters risks compromising judicial independence and public confidence in the justice system.

“Judicial independence and our judges’ ability to make decisions free from political interference is a cornerstone of our democratic system. Our whole community suffers when fundamental principles like the separation of powers – which exist to protect us from the excesses of state power – are questioned and degraded.”