Journalists excluded from youth case, day one of Miles legislation opening Children’s Court to media, victims

The Courier-Mail for the first time has been allowed into the Children’s Court after new laws unlocked doors to juvenile matters. This is what went down.

Media were permitted to attend Children’s Court proceedings at Brisbane Magistrates Court (pictured) on Wednesday, September 4, following recent Miles legislation changes.

The public has been banned from a Brisbane’s Children’s Court hearing just days into new laws unlocking doors to juvenile matters, with a magistrate fearing an autistic teenager charged with a serious knife-related crime may “be exposed”.

The important first decision to remove the public, including media, from the courtroom was made during proceedings for a 17-year-old boy accused of “very serious” allegations involving a knife and following the introduction of new state legislation officially opening Children’s Court proceedings to media and victims of youth offenders and their families.

In the first week of the new changes coming into effect, journalists in attendance at Brisbane Children’s Court were excluded for the duration of a matter against a teen on charges his lawyer Rajiv Gill said were “very serious” allegations that would be a “hot topic” for the media.

Legal aid lawyer Mr Gill made an exclusion application on the basis that his 17-year-old client had “special vulnerabilities” including autism, depression, ADHD, and anxiety.

It’s understood the youth was taken into detention on Tuesday, September 3, for allegations involving a knife.

Mr Gill said his client would be required to participate in the proceedings, understood to be a bail application, and that media presence may impact his participation.

Mr Gill further noted that the matter was in the early pre-committal stages, and that any reports of proceedings may influence the strength of evidence gathered.

Premier Steven Miles said the new legislation was an important step to make courts more open to victims. Picture: John Gass

Media representatives submitted that the same concerns applied in pre-committal adult proceedings, which media regularly report on.

It was further submitted that the child’s identity would be protected, in accordance with ongoing legislative protections barring media from identifying youth offenders.

Magistrate Megan Power, noting that this was the first such application she had been asked to consider, said it was a “troublesome” balancing exercise for her to consider the new legislation and principles of open justice against the youth justice principles.

These principles recognise children’s vulnerability and recognise that children should be given opportunity to participate in proceedings comfortably, Mr Gill had submitted.

“I ultimately conclude that an exclusion order should be made in these circumstances,” Ms Power said.

“He (the youth) is expressed by his lawyer to have a fear that detail would be exposed by the media’s presence and that he fears some risk to his personal safety.

“It may be that his special vulnerabilities add to his feeling of angst,” she noted.

“ … his vulnerabilities may impede his ability to participate in the proceedings.”

Media were previously excluded from Children’s Court proceedings in Queensland’s Magistrates’ Courts, unless they made a successful application to be present.

Other matters heard in Brisbane Children’s Court throughout the day included allegations of youths involved in stealing, stalking, and robbery offences.

A boy, 14, was granted bail on one charge of attempted robbery in company with violence, following an unsuccessful application last Friday.

Magistrate Megan Power said weighing up the youth justice principles against the principles of open justice was a “troublesome” balancing exercise.

His lawyer made no attempt to exclude media from the proceedings.

Ms Power said there was a strong Crown case against the youth, but she noted that his co-accused had received an order which had not involved any period of detention.

Since the youth’s previous bail application, his defence team had prepared a tailored conditional bail program designed to assist him with rehabilitation.

“You know the rules,” Ms Power told the youth upon granting him bail.

“… if you break the rules, you will just be returned to the watch-house.”

No youth crime victims made themselves known to the court throughout the day’s proceedings.

Earlier this morning, Premier Steven Miles said he expected opening up the courts to journalists and victims’ families would increase scrutiny on the court system.

He said he expected the new system to remain in place after the election, despite claims by the Opposition.

“I hope it allows journalists to provide better context in their reporting and I think what’s particularly important, was that step we made to make courts more open to victims and victims’ families.”

Originally published as Journalists excluded from youth case, day one of Miles legislation opening Children’s Court to media, victims