Queensland concedes law imposing mandatory jail on some offenders as young as 10 breaches human rights

Queensland's New Bail Laws Risk Human Rights Breaches, Overcrowding

The Queensland government has acknowledged that its latest bail legislation, which imposes mandatory 12-month jail sentences on some offenders as young as 10, breaches human rights and may exacerbate overcrowding in correctional facilities. The laws, dubbed "breach bail, go to jail," require an override of the state's Human Rights Act.

The legislation targets individuals charged with a "significant offence" while on bail or failing to appear in court. For children aged 10 and above, significant offences include 47 previously legislated crimes such as dangerous operation of a vehicle, robbery, and entering premises to commit an indictable offence. Adults face additional offences, including sexual crimes against children and coercive control.

Under the new laws, those accused of a significant offence while on bail would face a higher threshold to be granted bail again. They would be remanded in custody unless a court or police officer is highly confident they would not commit another significant offence. If convicted of the second offence, they would receive a mandatory minimum 12-month sentence without parole, which could be served concurrently with any other sentence for the additional offence. This applies even if the individual is later found not guilty of the first offence.

The government has conceded that the legislation limits several rights, including the right to liberty, the presumption against detention before trial, and the right of children to protection in their best interests. It also acknowledges that the laws will contribute to overcrowding in corrective services facilities and youth detention centres, potentially impacting detention conditions and engaging the right to humane treatment when deprived of liberty.

An override of the Human Rights Act is permitted only in exceptional circumstances, such as a state of emergency. Attorney General Deb Frecklington cited "the prevalence of serious repeat offending committed while on bail" as the justification for the laws.

Human rights experts and criminologists have raised concerns about the legislation. Bridget Burton, a human rights lawyer and senior lecturer at the University of Queensland, stated that the laws remove judicial discretion, potentially leading to unreasonable sentences. She noted that mandatory sentencing prevents judges from considering the circumstances of an offence, which could result in cruel outcomes.

William Wood, a senior lecturer in criminology and criminal justice at Griffith University, argued that there is little evidence to suggest a mandatory 12-month sentence would effectively deter young people. He pointed out that the court system already considers previous offending when determining bail and that the new laws remove this discretion. Wood also noted that the legislation would likely affect less serious offenders, as those convicted of violent offences typically receive longer sentences.

Queensland already has the highest youth detention rate in Australia and makes heavy use of pre-trial detention. Wood warned that increasing incarceration is not an evidence-based strategy for addressing youth crime, as it captures less serious offenders with diminishing public-safety returns and growing financial and social costs.

Premier David Crisafulli has defended the legislation, stating it would give Queensland "the strongest bail laws in the country." He acknowledged plans to open additional jails but emphasized the priority of protecting Queenslanders, even if it means fuller jails.

The legislation also removes the requirement for police to consider diversionary options before charging a child with an offence and expands an existing exemption to the Human Rights Act in the state's police watchhouses. The laws are expected to face further scrutiny as they progress through parliament.