Juvenile detention Qld: Human rights advocates blow up over three kids being held
Human rights advocates have hit out at the unlawful detention of children in Queensland watch houses, after the Supreme Court ordered three juveniles be moved from police watch houses to detention centres late on Friday.
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Human rights advocates have hit out at the unlawful detention of children in Queensland watch houses after the Supreme Court handed down a deadline for three juveniles being held in police watch houses to be moved to detention centres.
The order was handed down late on Friday in the wake of legal action brought by human rights advocates campaigning against the prolonged detention of children in the police watch houses.
The Caxton Legal Centre, acting for Youth Empowered Towards Independence Incorporated (YETI Cairns), supported by the Grata Fund, brought the case to test the lawfulness of children being kept on remand in police watch houses.
In a joint statement released by Caxton Legal, YETI and the Grata Fund, a spokesperson said the Department of Youth Justice “admitted to the Supreme Court of Queensland that it has been detaining children on an unlawful basis in police watch houses across the state”.
“The Queensland Government conceded the habeas corpus claim in relation to three children today on the basis that there was no order permitting detention in a police watch house,” the statement said.
Justice Burns made orders late Friday that three children, being held in different watch houses across the state, be transferred to youth detention facilities before 10pm.
The Courier-Mail understands two of the children were en route to detention facilities as the order was made and it was hoped a third would be transferred by 7pm.
“The detention of children is extremely serious and must occur only according to law,” Caxton Legal Centre Human Rights and Civil Law Practice Director Bridget Burton said.
“The Department of Youth Justice has been overseeing the unlawful detention of these three children and potentially many other children over a substantial period of time.
“This is a serious breach of the human rights of children, and frankly quite shocking.”
Genevieve Sinclair, the CEO of YETI Cairns, a support agency for vulnerable children, said the remand of these children in watch houses was “another failure in the youth detention systems”.
“If we must detain children at all, we need to do so in places where they have the chance to be rehabilitated, that means education programs, cultural support and especially contact with family, and access to disability, health and drug and alcohol treatment services,” she said.
“Our communities can’t be safe while the system is making children angrier and more disconnected. Inhumanely detaining children creates crime and makes us all less safe.”
“It’s time for this practice to be stopped immediately and for the Queensland Government to invest in long term solutions such as on-Country programs, rehabilitation and wrap around support for families that deal with the issues these children are facing, keep them out of the criminal justice system and our communities safe.”
Justice Burns is expected to publish his reasons early next week.
A Queensland Police spokesperson said the service was aware of the Supreme Court’s decision.
“Appropriate arrangements are being made with respect to those affected by the decision,” they said.
“We are working with the Department of Youth Justice, Employment, Small Business and Training to minimise the time young people spend in police watch houses before being transferred to a youth detention centre.”
The spokesman said the decision would have no impact on decisions surrounding whether juvenile defendants were granted bail.
“Generally, where a young person is remanded into custody by the Court, that child may spend a period of time in QPS custody while waiting for a position within a youth detention centre,” the spokesperson said.
“Once QPS is advised of an available position, the young person is conveyed to the centre as soon as possible.
“Community safety will always remain of paramount importance to QPS and this decision will not impact standard procedures relating to police granting watch-house bail.”
The Department of Youth Justice has been contacted for comment.
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