New youth justice reforms including $9.8m ‘fast tracked’ sentencing program under scrutiny

An almost $10m funding injection to set up a “fast-tracked” sentencing program for children as part of new youth justice reforms has been branded as unrealistic – as the courts heave under an already enormous workload.

Youth crime generic

An almost $10m funding injection to set up a “fast-tracked” sentencing program for children as part of new youth justice reforms has been branded as unrealistic – as the courts heave under an already enormous workload.

The $9.89m program was announced on Thursday by the state government, as part of a suite of reforms targeting juvenile offenders.

It comes as Queenslanders share outrage over the December 26 murder of 41-year-old Emma Lovell, who was allegedly killed while defending her North Lakes home from teenage intruders.

The multimillion-dollar program will be set up across four courts including Townsville, Cairns, Brisbane and Southport.

A spokesman for Premier Annastacia Palaszczuk said under the program, children would be moved out of remand and before a sentencing judge faster, in order to start and undertake court-ordered programs.

Children would be moved out of remand faster under the 18 month pilot program.

“ … Part of the program is to free up that backlog and get offenders in front of court … and into sentences and into those courses much faster,” he said.

But the announcement was described as a “sham” by high-profile Queensland solicitor Bill Potts, who argued that jailing children faster was not a solution to the causes of crime.

“(The program is) not realistic,” Mr Potts said.

“Firstly, the magistrates of Queensland, and in particular, Townsville, deal with a minimum of three and a half thousand matters per year, they are already at breaking point.”

Mr Potts said magistrates were already working in an “overloaded” system, with “overworked and hardworking” police and police prosecutors.

The Bulletin earlier this month reported a local barrister’s call for an additional district court judge to be appointed, to help tackle the enormous workload facing the current judges.

A spokesman for Attorney-General Shannon Fentiman said the funding would be used in the Childrens Court to address delays in the selected courts – including Townsville.

“This will include additional resources for Legal Aid, youth justice workers, and police prosecutors to reduce the time taken for a lawyer to be appointed, evidence to be disclosed, and to prepare pre-sentence reports and briefs,” the spokesman said.

“It will also fund additional magistrates to sit in Childrens Court at (those locations)”.

The pilot program will run for 18 months.

Criminal Lawyer Bill Potts called the announcement a “sham”. Picture Glenn Hampson

Also as part of the reforms, the maximum penalty for stealing a car will be raised from seven years to 10 years’ jail for juvenile offenders.

That could be upped to 14 years’ if the offence is committed at night, with violence or in company.

A joint statement by Ms Palaszczuk, Police Minister Mark Ryan and Youth justice Minister Leanne Linard said: “young offenders will be in custody for longer to make sure they can complete requisite rehabilitation and reform programs set out by the courts”.

A North Queensland magistrate recently put Child Safety and Youth Justice on blast after a teenager in custody at Cleveland Youth Detention Centre had not been offered or enrolled in any programs to address his anger.

The program had been paused due to a surge in Covid-19 cases in the centre, but he was not re-offered the program, months after cases declined.

In response to questions as to whether children in custody would have sufficient access to programs, a Department of Youth justice spokeswoman said “a range of programs” tailored to meet their individual “risk factors and underlying needs” were provided.

The spokeswoman said the training included cultural programs, vocational training, life skills, substance use interventions and behavioural change programs.

A Youth Justice spokesman said multiple training and program offerings were available to children in custody. Photo Nicholas Falconer / Sunshine Coast Daily

On admission to a youth detention centre, young people are also assessed by multidisciplinary teams, which include primary health and mental health practitioners, speech pathologists, psychologists and caseworkers to ensure they can receive the help they need,”

“When young people are in the community after being sentenced to a conditional release order, they continue to receive intensive supervision from Youth Justice and are subject to programs and activities ordered by the court as part of their sentence.”

But again, Mr Potts said “fast-tracking” children into jail was not a solution.

“How do you rehabilitate, or what rehabilitation program addresses a kid being beaten up at home, or is homeless, or poverty-stricken, or has mental health issues, or whose mum and dad are in jail – who is separated from the community?,” he said.

“No amount of lessons on how to be a good child will make up for those deficits.”

He said issues surrounding the over representation of Indigenous children in custody also had to be addressed.

“Sending children to jail is not about rehabilitation, it is effectively a university of crime; there is no rehabilitation in the jails,” Mr Potts said.

Aboriginal and Torres Strait Islander children make up 62.6 per cent of the incarcerated juvenile population, according to a November report by the Queensland Law Society Proctor.

“We cannot jail our way out of this,” Mr Potts said.

The reforms will also funnel a further $10m to supply 20,000 engine immobilisers to be trialled across Townsville, Cairns and Mt Isa, and are set to be introduced when parliament returns in February.

Originally published as New youth justice reforms including $9.8m ‘fast tracked’ sentencing program under scrutiny