Spit hoods reintroduced in the NT as new youth justice reforms pass into law

The Northern Territory government has passed youth justice reforms promising tougher consequences for serious offences, defying fierce opposition from human rights groups.

A suite of new youth justice reforms have passed into law in the Northern Territory, reinstating the use of spit hoods and removing the principle of detention as a last resort.

The laws were pushed through parliament on urgency on Thursday, by the Finocchiaro government, in the wake of a 15-year-old being allegedly stabbed at the Royal Darwin Show last weekend.

Key changes also include allowing courts to consider a youth’s full criminal history when sentencing for adult offences, permitting Youth Justice Officers to use reasonable force and prevent escapes, and expanded powers for the Corrections Commissioner to manage emergencies.

An extra 13 offences are now ineligible for youth diversion, and children and their responsible adults are no longer required to agree to diversion in the cases where it is ordered by a judge.

The Country Liberal Party government said it was putting victims first, protecting frontline staff and holding serious youth offenders to account.

Corrections Commissioner Matthew Varley and Corrections Minister Gerard Maley. Picture: Fia Walsh.

“For too long, youth offenders have been given chance after chance, while victims were ignored and YJOs were left without the tools they need,” Corrections Minister Gerard Maley said.

“Territorians have a right to safe streets and communities, victims have a right to a responsible justice system, and serious offenders have the right to remain silent.

“These are sensible, practical reforms that respond directly to community concerns.”

Mr Maley said reintroducing spit hoods was “about making sure there’s a consequence of your behaviour”.

“We’re going to send a clear message that if you’re going to spit on someone, you’re going to get a spit guard put on you. If you don’t want a spit guard put on you, don’t spit,” he said.

The reforms wind back several recommendations of the 2017 royal commission into youth detention in the NT, and have drawn widespread condemnation from community, human rights, legal and activist groups.

National Children's Commissioner Anne Hollonds.

National Children’s Commissioner Anne Hollonds said the NT government’s actions “fly in the face of the evidence we have of what will make communities safer”.

“We know that making the justice system more punitive does not work to prevent crime by children,” she said.

Australia’s Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss joined Ms Hollonds call for the proposed changes to be abandoned.

“Children’s exposure to the justice system is a symptom of systemic racism and intergenerational trauma that compounds complex unmet needs and underlying issues such as poverty, homelessness, disability, health and mental health issues and domestic, family and sexual violence,” Commissioner Kiss said.

The NT Labor opposition and crossbench did not support the Bill.

Opposition Leader Selena Uibo described the laws as “a kneejerk reaction” that offered no real plan to break the cycle of youth offending.

“What they’ve delivered won’t reduce crime, won’t reduce reoffending and won’t keep Territorians safe,” she said.

Originally published as Spit hoods reintroduced in the NT as new youth justice reforms pass into law