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Labor rejects ‘nonsense’ breach-of-bail offence as youth justice laws pass
By Matt Dennien
Queensland Police Minister Mark Ryan has insisted a “nonsense” breach-of-bail offence sought by the Opposition did not really exist and did little to reduce crime, as his government passed a raft of sweeping changes to the state’s youth justice system.
A trial of tracking bracelets for 16- and 17-year-olds on bail for repeat offences and the police use of hand-held metal detectors to search for knives will now come into effect after the Queensland Parliament passed the Youth Justice and Other Legislation Amendment Bill on Thursday.
GPS tracking devices could increase vigilantism, the Queensland government has been warned.
The bill, which the Palaszczuk government announced as part of a crackdown on about 400 repeat offenders responsible for almost half of the state’s youth crime, will also create a presumption against bail for those charged with serious crimes, such as armed robbery and rape.
The LNP did not oppose the laws but had backed amendments to return breach of bail as an offence.
Katter’s Australian Party MPs also argued the changes did not go far enough. Only Greens MPs Amy MacMahon and Michael Berkman voted against what he described as a “racist and punitive” bill.
Speaking in Parliament on Thursday, Mr Ryan said the breach-of-bail offence did not exist as the LNP had made out, did little to reduce crime rates, and had a failure rate of 94 per cent.
“This offence, the breach of bail, as described by them, has never actually been an offence for children,” he said.
“What it was, was a nonsense ... it was an offence to be found guilty of an offence whilst on bail for allegedly committing an offence. This unworkable, unwieldy finding-of-guilt offence did little to reduce youth crime or hold young offenders to account.”
The changes were sparked by a number of high-profile incidents earlier this year, including the deaths of Kate Leadbetter, Matt Field and their unborn son, Miles, on Brisbane’s bayside, and that of motorcyclist Jennifer Board in Townsville.
A parliamentary committee held public hearings across the state in March before recommending the bill be passed last week. Lawyers and advocates described the laws as a knee-jerk reaction that would disproportionately affect Indigenous youths, with focus instead needed on diversionary programs and the child-protection system.
In submissions, The Australian Lawyers Alliance warned that GPS trackers could inflame already growing concerns about vigilantism, while the Queensland Human Rights Commission reiterated the “weight of evidence-informed expertise” suggested punitive measures were not effective.
The government has argued that while the majority of young people did not reoffend, many of a small group who did were not responding to existing law-enforcement measures.
“These hardcore recidivist offenders are small in number but cause much harm,” Mr Ryan said.
Under the bill, courts would also be able to seek assurances from parents and carers that bail conditions could be adhered to, or young people would be held on remand.
A trial would allow police to carry hand-held metal detectors to check for knives, particularly in the Gold Coast’s nightclub precinct. A review of the changes will take place after 12 months.
The laws come amid a concerted campaign to raise the age of criminal responsibility from 10 to 14, and a $170 million plan from federal Labor to reduce the number of Indigenous people going to jail.
Speaking from Townsville earlier on Thursday, Assistant Commissioner Cheryl Scanlon, tasked with leading a taskforce to oversee the changes, said a considerable amount of work still needed to be done ahead of the changes, but police were prepared.
“I’m looking for a downturn and some very intensive work to be done with those young people,” she said.