Legal experts say LNP’s new youth crime plan is not evidence-based

David Crisafulli’s proposal to ensure a child’s criminal history will carry over into adulthood is not based on evidence and is designed to win votes at the October 26 election, legal experts say.

Queensland Opposition Leader David Crisafulli. Picture: Liam Kidston

Legal experts have mauled Opposition Leader David Crisafulli’s proposal to ensure a child’s criminal history will carry into adulthood, saying the policy was not based on evidence and was designed just to win votes at the ­October 26 election.

The Liberal National Party’s planned overhaul of Queensland’s youth justice laws, which it has pledged to pass through parliament before Christmas if elected next month, would make a person’s childhood criminal history admissible during sentencing as an adult.

Proposed laws would also introduce “adult time for adult crimes” and force magistrates to consider all police cautions, restorative justice agreements and breaches of supervised release ­orders when sentencing young ­offenders.

In Cairns on Tuesday, Mr Crisafulli said “the slate shouldn’t be wiped clean when an offender turns 18”.

“What is happening at the moment is a young offender can have a rap sheet a mile long and then the clock starts again when they turn 18 – and that is not fair for the community,” he said.

“There’s something fundamentally wrong with our justice system when our courts are forced to turn a blind eye to youth criminals’ past behaviours when sentencing them for crimes.”

Premier Steven Miles at Suncorp Stadium on Tuesday. Picture: Steve Pohlner

The LNP’s proposed Making Queensland Safer Laws have been panned by the state’s legal community, with Queensland Law Society president Rebecca Fogerty saying the youth justice debate had become “the most ­politicised and polarised” in the country.

“This new proposal will not make Queensland safer,” she told The Australian. “In fact, it will further entrench criminality in a population that’s already vulnerable and at risk.

“Queensland already has the harshest juvenile justice laws of anywhere in Australia.”

Existing law allows the prosecution to apply for a juvenile’s criminal history to be put before a court if it were relevant, Ms ­Fogerty said.

Criminal defence lawyer Bill Potts accused the LNP of trying to “punish their way into parliament” with a youth crime crackdown. “There is not one part of this announcement which is ­evidence-based to demonstrate that our society will be a safer place,” he said.

“It’s all very well to sloganeer and have a law and order auction every time there’s an election, but what we are lacking here is anything other than a punitive intent.

“If the aim is to protect our community, they’re failing.”

Queensland Bar Association president Damien O’Brien KC, who represents the state’s 1300 barristers, said the association “has consistently taken the position that any legislative reform involving juvenile justice should be evidence-based”.

Successive polls have shown youth crime is a major issue for Queensland voters, with juveniles accused of a series of high-profile murders in recent years.

Labor Premier Steven Miles overhauled youth justice laws again earlier this year following the death of Ipswich woman Vyleen White, who was stabbed in front of her six-year-old granddaughter in the underground carpark of their local shops in February.

Accused the LNP of using crime and victims to win the election, Mr Miles said the opposition should have moved amendments to Labor’s laws in state parliament “a couple of weeks ago”.

“Now is not the time to do rash, populous things just because you think it’s a way to win votes at the election,” he said.

Cairns crime victim Illias Sopas, who joined Mr Crisafulli at his announcement on Tuesday, said he had two cars stolen last month and was left with a $10,000 bill. “As a community, we have ­really had enough of this revolving door,” he said. “We are in fear of living in our own homes, we need something to happen, we need a change of government.”