Saturday, 14 December 2024

Tough youth justice law changes pass Queensland parliament, which will see juveniles sentenced as adults.

Queensland's new proposed youth crime laws explained.

Hardline youth justice laws to sentence young offenders as adults for more than a dozen serious crimes have passed Queensland parliament.

The state government's Making Queensland Safer laws were a key part of the LNP's election campaign and included the contentious "adult crime, adult time" policy.

Once the laws take effect, juveniles charged with serious crimes including murder, manslaughter and burglary will face tougher maximum sentences.

Young people — aged between 10 to 17 years old — found guilty of murder would also face a mandatory life sentence with a minimum non-parole period of 20 years.

The bill also includes removing the principle of "detention as a last resort" and allowing courts to consider an offender's full criminal history when sentencing.

Two politicians dressed in blue handing out how to vote cards.

The LNP campaigned for tougher youth crime laws. (Supplied: Facebook)

Speaking alongside crime victims on Thursday, Premier David Crisafulli said the laws were a "first strike back" and signalled a "second wave" of legislation to come.

Asked if he had a "Plan B" if the number of victims didn't drop in two years, Mr Crisafulli said he was "very confident" the new laws would do that.

"But I have said if things need to be strengthened, they will," he said.

The LNP leader has previously pinned his future on whether there are fewer victims of crime under his government.

a woman in a park

Vyleen White's daughter Cindy Micallef says her family has lost its heart.  (ABC News: Mark Leonardi)

Cindy Micallef, whose mother Vyleen White was stabbed to death at an Ipswich shopping centre in February, said her death "won't be in vain".

"The heart of our family isn't here, and for us the thought of that is devastating but however fighting for others, and making sure no one else has to go through this is what I stood for," she said.

Labor won't stand in the way of 'adult crime, adult time'

There was a Labor Caucus meeting held to iron out the party's position on the laws.

Although all Labor MPs voted in favour of the legislation, not everyone was supportive of the move.

High-profile backbencher Jonty Bush is weighing up her future in the party and is disappointed that Labor ultimately backed the legislation.

Jonty Bush wears a floral blazer over a white top.

Jonty Bush represents Cooper, in Brisbane's inner-city. (ABC News: Rachel Stewart)

The ABC understands Ms Bush spoke out against the laws at a robust Labor caucus meeting on Thursday, held before the vote in parliament.

Ms Bush, who represents the inner-Brisbane electorate of Cooper, used her speech in parliament on Tuesday to hit out at the laws.

"This bill represents a significant departure from the evidence of what works in criminal justice," she said at the time.

"This bill will result in more violence, more victims, and more harm. I urge all members in this House to think about that this week as they cast their vote."

Shadow Treasurer Shannon Fentiman said Labor supported parts of it but had reservations about unintended consequences.

"We accept the outcome of the election, we won't be standing in the way of tougher penalties for young people," she said on Wednesday.

"We will be voting to support much of what is in the bill but there are some parts of the bill that, quite frankly, have very serious unintended consequences.

‘Adult crime, adult time’ legislation targeting youth crime in Queensland (Alexandra Blucher)

"Victims groups like Voice for Victims, have said restorative justice should remain as a sentencing option. Victims want to see that available.

"The Victims' Commissioner has said she's very worried about victims not really having an opportunity to have their say, and potentially facing cross-examination."

The serious offences included in the "adult crime, adult time" policy are:

  • Murder
  • Manslaughter
  • Robbery
  • Burglary
  • Unlawful striking causing death
  • Acts intended to cause grievous bodily harm and other malicious acts
  • Grievous bodily harm
  • Wounding
  • Dangerous operation of a vehicle
  • Serious assault
  • Unlawful use or possession of motor vehicles, aircraft or vessels
  • Entering or being in premises and committing indictable offences
  • Unlawful entry of vehicle for committing indictable offence

Parts of the legislation will require the state's Human Rights Act to be overridden for a third time.

The state's only Greens MP, Michael Berkman, told the house the bill's "incompatibility" with human rights was "quite an extraordinary read".

"It outlines in detail the many and varied ways these laws will limit the rights of Queensland children, and for what?" the member for Maiwar said.

He said the evidence was "crystal clear" that any interaction young people have with the criminal legal system leads to future offending.

"Adult crime, adult time is not a policy, it is a slogan. When you translate a slogan into legislation, or even a policy, it has to have some substance to it," Mr Berkman said on Tuesday night.

Live Moment

Look back at how ABC readers and other Australians responded to this live moment.

Is there a 'Plan B' if the number of victims doesn't drop in two years?

Mr Crisafulli is asked if he has a "Plan B" if the number of victims doesn't fall in two years.

The premier has previously hung his future on whether he lowers the number of victims of crime.

"We are very confident that these laws will have the effect that they need, but I have said if things need to be strengthened, they will."

He says there'll be a "second wave" of laws.

"This is the first strike back," he says.

"It won't be the last."

We'll wrap up our live coverage here.

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