Police Minister Kate Worden to release review into NT Youth Bail changes
‘Tough on crime’ changes to youth bail are about to come under intense scrutiny with a long-awaited review due for release. See the stats here.
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Legal experts say controversial youth bail changes have made the Territory increasingly unsafe and exposed children to trauma, while stripping away powers from police and courts.
Police and Territory Families Minister Kate Worden is expected to release the evaluation of the Youth Justice Legislation Amendment Act, which shook-up bail laws for children in 2021.
The amendments made it easier for children to lose their bail, with their freedom revoked for minor bail breaches, missing court and diversion programs or reoffending.
Ms Worden’s office said the review had consulted with non-government stakeholders to provide advice.
“(It will) examine whether the Act has achieved its objectives: to reduce youth offending while on bail; make families more accountable for young people who commit offences; and ensure young people face the consequences of their actions,” her office said.
Ms Worden in 2021 told parliament the reforms would target “a very small group of repeat young offenders”, but the department’s data shows an increase in the number of children caught up by the changes.
The Territory Families annual report said Don Dale and Alice Springs admissions had doubled in 12 months, with 588 receptions in 2021-22.
It found on an average night there were 51 kids locked up, 81 per cent were on remand — while 96 per cent of the children were Indigenous.
Before the bail changes there were just 32 kids on an average night.
The Productivity Commission found Territory children spent a total of 18,589 nights in custody - the highest recorded rate in eight years.
The Territory Families annual report said it had to increase its detention staffing budget by $8m as a direct response to the increased detention population.
Criminal Lawyers Association of the Northern Territory president Shane McMaster said children were going to Don Dale for missing curfew by 15 minutes, or having their ankle monitor batteries go flat.
Mr McMaster said minor bail breaches police or social services once dealt with were now putting children back into watch houses, detention centres, and eventually before judges.
“They have no business in being in custody,” Mr McMaster said.
“It has not resulted in a reduction in youth crime … arguably it has the opposite effect.”
Mr McMaster said the bail changes were in conflict with the 2017 Royal Commission recommendations, which said children should not be denied bail unless they were charged with a serious offence, or if they posed a risk to public safety.
Despite police data finding youth justice conferences led to a significant decrease in reoffending, fewer children were able to take part in these programs.
NT Police annual report found 56 per cent of kids involved in the restorative justice programs did not reoffend in the next 12 months.
However it said the completion rate had halved to 149 youth justice conferences completed last year, down from 335 in 2019-20.
“There have been delays … with the NT Police Force’s ability to process referred youth through to their conferences,” the annual report said.
Police also found the rate of youth diversions had fallen, with only a third of kids offered a diversion program last year, compared to 45 per cent in 2018-19.
NT Police said 458 children were ineligible for the program last year, saying the bail changes led to a “decrease in the number of youths participating in diversion”.
The Attorney-General annual report said there was a spike in complaints to the Children’s Commissioner last financial year, with the 650 incidents due to an “increase in complaints and separations, partially attributable to increased youth detention capacity”.
As part of an ongoing investigation into the centres by this publication, Territory Families has confirmed at least 147 ‘at risk’ incidents and at least 11 hospitalisations after children self-harmed.
It comes as Queensland seeks to shake up its laws, with Premier Annastacia Palaszczuk to reintroduce breach of bail as an offence for children.
Territory Opposition leader Lia Finocchiaro has again called for the reintroduction of breach of bail as an offence for children, which was scrapped in 2019.
“Bail is a privilege, not a right, and breaches should be punished accordingly — particularly when a youth commits another offence while on bail,” Ms Finocchiaro said.
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