Magistrates lose ability to lock media out of juvenile proceedings under LNP plan
Magistrates will lose the ability to lock the media out of juvenile proceedings in a matter of days, under the new state government’s laws to keep courts open.
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Magistrates will lose the ability to lock the media out of juvenile proceedings in a matter of days, with the new government’s youth crime laws to significantly lift the veil of secrecy.
It comes as the rushed inquiry into the LNP’s marquee “Making Queensland Safer” Bill recommended the laws be passed, arguing the incompatibility with human rights of children was “justified”.
The laws will ratify a number of the LNP’s election commitments, including imposing adult punishments on children who commit 13 categories of crime, and opening up the courts to victims and media.
The transparency of children’s court came under the spotlight this year in the aftermath of the alleged stabbing murder of Ipswich grandmother Vyleen White, with the former government then putting in place new rules to enable greater access.
But judges were still armed with clauses allowing them to exclude the media if they believed it could prejudice the case or risk the safety of those involved.
Those rules were used on Thursday when journalists were barred from a murder committal by Magistrate Anne Thacker, despite the child’s own barrister conceding she couldn’t point to specific grounds to bar the media.
A month earlier journalists were also excluded from the first hearing of the teenager charged with manslaughter, armed robbery and other charges in relation to the death of Murrumba Downs grandmother Rosemary Franzidis.
But the new state government’s marquee youth crime laws will axe those clauses, stating the media, along with victims and their representatives or relatives, “cannot be the subject of an exclusion order”.
It is expected the laws will pass parliament next week and come into effect on December 20. Attorney-General Deb Frecklington said the courts “should be open”.
“It’s just not right and Queenslanders have called this out,” she said.
”The Making Queensland Safer Laws will open the Childrens Courts because the rights of victims should be prioritised over the rights of offenders.
“We are going to make this happen with or without Labor.”
Legal and child safety stakeholders ranging from the Queensland Bar Association to QCOSS and the Victims’ Commissioner have all criticised the government’s flagship youth crime laws, warning it will not make Queenslanders safer and have a range of unintended consequences.
The LNP-majority committee, given five days to inspect the laws, expectedly recommended they be passed.
The Labor opposition, defeated at the recent election in part due to community frustration over youth crime, signalled they had yet to form a view on whether to support or reject the laws.
“Crime is unacceptably high, and an evidence-based approach is needed to turn the corner,” the Labor MPs stated.
“The Labor opposition supports strong action and tough laws to protect Queenslanders. Further views will be provided by the Labor opposition during the debate of the (Bill).”
Greens MP Michael Berkman, the sole crossbencher on the committee, rejected any notion the Bill should be passed.
“Whatever ‘mandate’ the LNP claims for this Bill cannot justify the passage of such ill-conceived, counter-productive legislation as this Bill,” he said.
The tough new laws mean children face life imprisonment for murder, manslaughter, acts intended to cause grievous bodily harm and unlawful striking causing death.
Under the changes, a child’s criminal history will also be carried into adulthood when they are sentenced for a crime.
It will also become easier for children on the cusp of turning 18 or reach adulthood in a youth prison or watch-house to be quickly transferred to an adult facility.
Repeat offenders committing the most serious of car-related crimes must also be sent to jail as a minimum.
The mother of one of three people killed by a teenage boy driving a stolen car in Maryborough said she hoped the incoming laws would provide other families with justice.
Jeanette Allan’s daughter Sheree Robertson, 52, was killed alongside Michale Chandler and Kelsie Davies in April 2023.
The teenage driver of the speeding stolen car that killed the trio was sentenced this week to six years in detention, to serve at least 60 per cent (two years) in custody.
Ms Allan said she hoped there would be more transparency in Children’s Court matters.
“I know it’s too late for us, but hopefully there are stronger penalties,” she said.
“I’m all for it, because when they are getting a couple of years, the victims are suffering more.”
Originally published as Magistrates lose ability to lock media out of juvenile proceedings under LNP plan
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