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Chief Minister Lia Finocchiaro ‘unapologetic’ for Declan’s Law bail reforms amid record breaking prison rates

Police have lost a 100-bed facility as Corrections prepares for more Territorians to be stuck inside a cell under tough new bail laws. Click here for a rare tour inside the Top End’s main police watch house.

Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill

Top End cops have lost access to a 100-bed watch house facility as tough new bail laws are expected to further blow out the Territory’s prison population.

On Monday, Chief Minister Lia Finocchario said she remained “unapologetic” as she celebrated the roll out of tough new bail laws, known as ‘Declan’s Law’.

Starting this week alleged offenders charged with serious violence and weapons offences — but also repeat offenders non-violent offences such as drug possession and stealing — will have to argue their case for release on bail.

The reforms apply equally to children and adults, and reinstate breach of bail as an offence for youth.

Ms Finocchario said the changes brought the bail act in line with “community expectations” and would target “serious and repeat offenders”.

“This is about people who have had their chance to make good and have continued to offend,” she said.

“This is not for people who’ve stolen a chocolate bar because they’re hungry, but continuously have disrespect for themselves, the police, the community and the law.”

Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill

The changes take discretionary power out of the hands of police, and place them with judges who are still able to grant bail to an alleged offender if it is found they are unlikely to pose a risk to the community.

The morning the reforms kicked into gear four bail applications were rejected in Darwin Local Court, while three others were referred for further assessment.

The lawyer for one of those denied bail, a young man from the West Daly region, said his “impractical” bail conditions “set him up to fail”.

Judge Alan Woodcock heard the alleged car thief’s bail required him to travel to Wadeye during the Wet Season, rather than remain in Darwin.

However in weighing up the number of bail breaches and recent criminal history, Mr Woodcock denied his freedom saying: “sadly he is one of those very significant cohort of young men who repeatedly attend (the court) over their life”.

NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic

Ms Finocchiaro was unable to provide a projection on the number of additional Territorians who would likely be locked up under the bail changes, however confirmed prison populations were expected to swell further.

In anticipation of a further spike in the overcrowded prisons, the Chief Minister confirmed police had lost access to their 27-cell holdings in Palmerston as the watch house was handed over to Corrections “for the foreseeable future”.

The Palmerston watch house, which was designed for 100 people, currently holds 132 Corrections prisoners and three people under police custody.

Police Commissioner Michael Murphy said from now, those in police custody would be held in the eight-cell Peter McAulay Centre, which has a capacity for around 16 people.

Mr Murphy said the mixed Corrections-Police watch houses had put “incredible pressure” on the system, and led to further strains on the overburdened departments.

“At the end of the day I can’t afford a police car waiting at a sally port for two hours, because Corrections officers and prisoners are actually in the sally port,” he said.

Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill

Ms Finocchario would not confirm a timeline for the return of the cop shops to police, but said the roll out of the Corrections Infrastructure Masterplan would eventually alleviate pressure.

Corrections data has revealed prison numbers increased by a further 30 prisoners in just seven days with 2628 Territorians behind bars, adding to an already record-breaking prison population.

There were 1435 people locked up in Darwin Correctional Centre — 387 more than it was designed to hold — and 700 in Alice Springs — 224 more than its design capacity.

Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill

There were 263 Corrections prisoners spread across three police watch houses, while 106 people have already been moved into Berrimah Prison, a previously decommissioned facility described by a former Corrections boss as ‘only fit for a bulldozer’.

Since the CLP took government the prison’s population has grown by an additional 400 people, with the Corrections Commissioner forced to scale back services including education and rehabilitation, while staff have raised concerns about safety and security.

Ms Finocchario said prison staff “understand very clearly the mandate this government’s been given” as she tries to repair the “broken system” within Corrections.

IN PICTURES: Inside the Berrimah cells

Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
NT Police Commissioner Michael Murphy said just over 16 people could be safely held in the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill generic
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill
Chief Minister Lia Finocchiaro and NT Police Commissioner Michael Murphy touring the Peter McAulay Centre Berrimah watch house. Picture: Zizi Averill


Originally published as Chief Minister Lia Finocchiaro ‘unapologetic’ for Declan’s Law bail reforms amid record breaking prison rates

Read related topics:Closing The Gap

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Original URL: https://www.heraldsun.com.au/news/chief-minister-lia-finocchiaro-unapologetic-for-declans-law-bail-reforms-amid-record-breaking-prison-rates/news-story/ca29dff77a43180019185943437bffad