Attorney-General Marie-Clare Boothby silent on restoring service after teen’s stay in ‘solitary’

The Attorney-General has not confirmed if she will take any action after a young girl was held in solitary isolation for 48 hours. See why advocates are calling for a critical bail service to be restored.

Attorney-General Marie-Clare Boothby did not confirm if she was aware of plans to cut the after hours bail service, or if additional funding or staff could be provided to restore the program. Picture: Fia Walsh.

The Territory’s Attorney-General has not confirmed if she will restore a critical bail service after a young girl’s 48 hours in solitary isolation was compared to a stint in “Guantanamo Bay”.

This month the NT Court quietly axed the after hours bail service, which allowed Territorians to apply to the on-call judge service to apply for bail after the court closed at 4pm, on the weekend or on public holidays.

Multiple lawyers have approached the NT News raising their concerns over the axing of the service, which could leave adults and children as young as 10 waiting for days in a police watch house.

Multiple lawyers have approached the NT News raising their concerns over the axing of the service, which could leave adults and children as young as 10 waiting for days in a police watch house. Picture: Zizi Averill

The NT News is aware of a 15-year-old girl who spent 48 hours in “solitary confinement” at the Palmerston watch house over a minor shoplifting offence following the axing of the on-call judge service.

North Australian Aboriginal Justice Agency acting chief executive Anthony Beven said the teenager was isolated, and deprived of her privacy and sleep due to the cell being lit 24/7 — comparing her treatment to “Guantanamo Bay”.

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

On Tuesday, Attorney-General Marie-Clare Boothby did not confirm if she was aware of plans to cut the after hours bail service, or if additional funding or staff could be provided to restore the program.

“The cessation of the after-hours bail service is at the discretion of the Chief Judge,” Ms Boothby said.

Ms Boothby blamed Labor for leaving the “ justice system crisis”, days after Chief Minister Lia Finocchiaro celebrated that an additional 600 Territorians had been put behind bars since the CLP came to office.

A NT Courts spokesman said the service was cut due to a lack of resources to meet the increasing pressure on the local courts, but it was monitoring the impact of the service cut.

Opposition Leader Selena Uibo said given the pressure of Corrections, the CLP was diverting funding away from the other areas in the justice system “ putting further strain on our police and our courts”.

NT Labor Opposition Leader Selena Uibo. Picture: Fia Walsh.

Justice not Jails also condemned the cutting of the bail service, warning it would unnecessarily expose vulnerable teenagers to “terrible” conditions inside NT cop shops.

JNJ member Cam McNaughton said without the on-call judge service more children would be detailed in isolation over the weekend — a potential breach of international agreements on the safe detention of young people.

“Children don’t belong there,” Mr McNaughton said.

“You can’t shower. You can’t use the toilet without being observed. The lights are always on. They have no right to see their family. It’s solitary confinement.”

Mr McNaughton said the axing of the after hours bail service was another barrier to Territorians having timely access to a judge.

Unlike every other state which sets a 48 hour limit to pre-charge detention, the Northern Territory has no maximum period of detention before charges are laid.

After charges are confirmed people should be brought “as soon as practicable” before the court.

Unlike every other state which sets a 48 hour limit to pre-charge detention, the Northern Territory has no maximum period of detention before charges are laid. Picture: Zizi Averill

“The absence of strict time limits on how long children can be detained by police is unacceptable,” Mr McNaughton said.

“In the NT, children who are arrested by police tend to be treated as if they were already guilty.

“Keeping children in isolation in an alienating environment is just entrenching the vicious circle of trauma and criminalisation.”

NT Police previously said all watch houses had the capacity to detain children, saying “they are managed in a Watch House environment through strict Policy and Procedures that are underpinned by legislation”.

Originally published as Attorney-General Marie-Clare Boothby silent on restoring service after teen’s stay in ‘solitary’