Youth court gag laws a ‘stunt’ to hide conditions in detention
THE public won’t know any details of offending by the Territory’s youth criminals under new gag laws being pushed through Parliament by Territory Families Minister Dale Wakefield
Crime and Court
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THE public won’t know any details of offending by the Territory’s youth criminals under new gag laws being pushed through Parliament by Territory Families Minister Dale Wakefield.
Under the amendments, all proceedings involving a youth would be held in closed court to avoid “potential stigmatisation” of the child.
A person who does publish details of a child’s offending could end up in jail for up to a year.
Criminal Lawyers Association of the NT president Marty Aust said keeping courts open allowed for public scrutiny of conditions in youth detention, the judicial process and the adequacy or otherwise of services available.
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“We are concerned this is a government stunt to hide the true nature of the failing youth justice system and the true state of woefully inadequate conditions within our youth detention centres,” he said.
Mr Aust said the changes set a “dangerous precedent” and could result in mistrust between the community, victims of crime and the judiciary.
“There appears to be a basic misunderstanding by the broader community as to how and why youths are sentenced,” he said..
“The public has a right to know and understand how the youth justice system works.”
NT youth court judges already have discretion to close the court or issue suppression orders to protect the identity of youth offenders.
Shutting youth courts was a recommendation of the royal commission into youth justice.
Ms Wakefield said transparency was a “strong value” of the Labor Government.
She incorrectly said courts would retain discretionary powers “to publish all or part of the proceedings upon application”.
Under the amendments, courts can allow publication only in “emergency” situations or if publication is necessary for safety reasons.
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The new laws will also mean all but those charged with the most serious violent and sexual crimes are “entitled” to bail.
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