Breach of Bail Now An Offence in Queensland Amid Spiralling Youth Crime Wave

Brisbane Youth Detention Centre at Wacol, Queensland in Australia on Aug. 24, 2020. Glenn Hunt/Getty Images

Breaching bail will be an offence for youth offenders going forward after the Queensland government introduced another batch of laws to deal with the state’s spiralling juvenile crime wave.

Among the new penalties include a new option to declare certain offenders “serious repeat offenders,” which will open the door to tougher sentencing.

The state government will also expand the number of offences where a judge must consider a case with a “presumption against bail.”

According to a 2019 law change under the Palaszczuk government, detention was to be considered a “last resort” for youth offenders, and granting bail was instead encouraged. It was also a reversal of earlier laws under former Premier Campbell Newman.

Queensland Premier Annastacia Palaszczuk speaks at Yeronga High School in Brisbane, Australia on May 7, 2022. Bradley Kanaris/Getty Images

“We have listened to the community. This action is all about putting community safety first,” said Premier Annastacia Palaszczuk in a statement.

“We will use the full force of the law to target the small cohort of serious repeat offenders that currently pose a threat to community safety.”

The latest package of laws comes in step with calls for tougher penalties against youth repeat offenders from the state opposition.

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• Queensland Government Changes Laws to Crack Down on Youth Crimes

They include ensuring that a breach of bail is an offence, removing the provision of detention as a last resort, and  “making sure we get fair dinkum about early intervention to help turn a life of crime,” opposition leader David Crisafulli told reporters on Feb. 20.

Meanwhile, the state government is also pledging $100 million to try to tackle the root cause of youth crime, including expanding intensive case management to deal with chronic offenders across major city centres in the state, setting up a dedicated team of police and youth justice workers to deal with those at risk of offending, and more funding in community activities including recreation, learning, and drug or alcohol support.

Violent Incidents Plague State

The rejigging of Queensland’s criminal laws comes after a spate of violent incidents involving young repeat offenders in the state.

The most notable was the fatal stabbing of 41-year-old Emma Lovell in Brisbane’s North Lakes.

Lovell with her husband—both new migrants from the United Kingdom—were defending their home from two 17-year-olds who broke into their property at around 11.30 p.m. on Boxing Day (Dec. 26).

Lovell suffered stab wounds to her chest and later succumbed to her injuries. Her husband was treated at the hospital.

Another incident was the stabbing death of a 43-year-old man in the inner-city suburb of Wilston, allegedly by a 17-year-old wielding a 45-centimetre knife that authorities have described as “almost a small machete.”

Violent incidents on Brisbane’s public transport system have also spurred the bus driver’s union to stop travelling into the lower socio-economic areas of Inala and Forest Lake.

“The safety of our bus drivers is still at imminent risk. The measures put in place so far are simply not enough to deter the youth gangs threatening and attacking our members,” the union said.

Re-Offending a Major Issue

The state topped the country for the highest rate of repeat offending among juvenile offenders, according to data released on Jan. 24.

A report from the Productivity Commission revealed that 56.8 percent of Queenslanders aged 10 to 16 were re-sentenced for new offences within 12 months of being released from supervision in 2019-20.

This was followed by Victoria (56.3 percent), Northern Territory (54.8), Tasmania (49.2), Western Australia (49.1), New South Wales (44.4), and South Australia (41.2). New South Wales is the most populous state in the country.

While Queensland’s figure was the highest, it was lower compared to its 2017-18 number of 65.5 percent.

The state also recorded a daily average of 287 people in youth detention in 2021-22, the highest of all jurisdictions in the country, followed by New South Wales at 190.

“Young people experiencing homelessness have disproportionate contact with the criminal justice system, and housing insecurity on exit from youth justice detention is associated with recidivism. There are interactions between child protection and youth justice services,” the report said.