‘Cracked the s**ts’: Outrage as magistrate releases 13 young offenders at same time

As the youth crime crisis hits a flashpoint following the release of 13 children on bail in a single day, the Palaszczuk government has stood by an explosive attack from the Deputy Premier against the judiciary.

• Opinion: Swipe at magistrate an act of desperation

Queensland’s youth crime crisis has hit a flashpoint after a Townsville magistrate released 13 children on bail in a single day, sparking an explosive attack from the Deputy Premier against the judiciary.

Police were forced to launch immediate legal action and ramp up patrols to keep communities safe after Townsville Magistrate Viviana Keegan’s decision to grant bail to 13 alleged youth offenders on Thursday.

The release of the alleged kid criminals en masse prompted an unprecedented attack against the judiciary from Mr Miles, who accused the magistrate of releasing the children as a “media stunt” and said she had put “the community of Townsville in danger”.

Deputy Premier Steven Miles on Friday. Picture: Annette Dew

“We’ve given them the tools and the resources, now they need to act,” he said.

“We cannot stand and watch a media stunt like this one from someone who clearly does not agree with our policies (that are) designed to keep dangerous offenders out of the community.

“We cannot allow the safety of Townsville residents to be held to ransom by rogue courts and rogue justices.”

The legal community swiftly attacked Mr Miles’s comments for being in “direct and egregious contempt” of the court process and a desecration of the tenet of the separation of powers.

The Palaszczuk government on Saturday, however, stood by Mr Miles’ explosive comments, with cabinet minister Stirling Hinchliffe defending the remarks.

“Everyone, in whatever role they play, should have an eye and focus on community safety,” he said.

“There was some frustrations on behalf of the broader community that might have been expressed by the Deputy Premier but I think that was just out of an expression of wanting to support community safety.”

The large-scale release prompted police to launch a legal appeal and deploy more boots on the ground to ensure the community was kept safe.

A spate of high-profile youth crime incidents, including the murder of Brisbane mother Emma Lovell in a violent home invasion late in 2022, has sparked public anger and brought political debate over the crisis to fever pitch in Queensland.

Premier Annastacia Palaszczuk, while unveiling the government’s latest crackdown on youth crime, sensationally declared the courts “need to do their job” but declined to go any further, citing “the separation of powers”.

Human rights and youth advocates have also ramped up criticism of the state government’s measures in recent weeks, including a major campaign by dozens of organisations calling for authorities to be “smarter” on youth crime.

The Office of the Chief Magistrate confirmed 13 young people were released on bail in Townsville after appearing on Thursday.

It’s understood Magistrate Keegan, according to police sources, “cracked the s--ts”, brought the matters forward and released the children – who were aged between 13 and 17 – on bail.

It is understood at least one of the children was a serious repeat offender with an extensive history of failing to comply with bail conditions.

Nine of the children had been in watch-house detention while the other four were behind bars at Cleveland Youth Detention Centre, and it is unknown how long they had spent on remand before being released on bail.

Acting Deputy Commissioner Mark Wheeler on Friday. Picture: Richard Walker

The children, two of whom were girls and the rest boys, were largely being held for alleged property offences such as car theft and armed robbery, though at least one had been charged with a domestic violence offence.

Queensland Police Acting Deputy Commissioner Mark Wheeler confirmed at least one child had breached their bail conditions within hours of being released on Thursday, with police seeking to take them back into custody.

Police patrols in Townsville had been stepped up in response, with the service confirming it was “exploring its legal options” after the magistrate’s decision.

Police Minister Mark Ryan and Townsville-based MP Aaron Harper also slammed the judiciary for the decision, both saying they were frustrated the court had released the young offenders.

Magistrate Keegan was appointed in 2018, with a government media release published at the time saying she “possesses the skill and knowledge, experience and temperament required to serve as judicial officers”.

Queensland Law Society vice-president Rebecca Fogerty on Friday said Mr Miles’s comments were “offensive to the doctrine of the separation of powers” and “wrongly and inappropriately undermines confidence in the criminal justice system and the state judiciary”.

Criminal lawyer Bill Potts said tainting the magistrate with words such as “stunt” was “direct and egregious contempt of the court process”, while Youth Advocacy Centre chief executive Katherine Hayes said it was “verging on blurring the lines between the separation of powers”. The Office of the Chief Magistrate declined to comment.

Member for Thuringowa Aaron Harper.

Ms Hayes said the state’s youth detention centres were overflowing and children were being increasingly held in watch houses, with dozens held for more than 30 days in unsuitable conditions.

But the problems plaguing the government were “completely foreseeable” she said, noting agencies had cautioned in 2021 that facilities were nearing capacity.

Queensland Human Rights Commissioner Scott McDougall earlier this week criticised the government for “resorting to quick-fix political solutions” which sound good “but actually have no bearing at all on addressing the issue of children’s needs”.

A Productivity Commission report in January revealed Queensland had the highest rate of youth reoffending in Australia, with more than half of youths sentenced to detention or probation appearing back before the courts in 12 months.

A Children’s Court report revealed the state’s cohort of hardcore youth offenders was larger than ever despite the government’s push to target the worst of the worst.

Originally published as ‘Cracked the s**ts’: Outrage as magistrate releases 13 young offenders at same time