Landmark Declan’s Law Passed, Tightening Bail for Violent Offenders

The front yard of a home in the Mount Nancy town camp at Alice Springs in Australia's Northern Territory on Oct. 13, 2013. Greg Wood/AFP via Getty Images

Northern Territory Parliament has passed Declan’s Law, a significant piece of legislation aimed at tightening bail conditions for violent offenders.

This law, introduced by the Country Liberal Party (CLP), follows the tragic death of 20-year-old Declan Laverty, who was fatally stabbed while working at a fast-food outlet in March last year by an offender out on bail.

Chief Minister Lia Finocchiaro hailed the legislation as a crucial step towards ensuring community safety.

“While the passing of Declan’s Law does not bring Declan back, we hope these laws give Samara and Declan’s wider family some solace in the fact they will make the Territory a safer place,” she said.

Declan’s mother, Samara Laverty, was present in Parliament as the law was debated and passed, calling it a “turning point” for the Territory. She expressed hope that the new measures would prevent other families from enduring similar losses.

“I never want another family to experience what we have,” she said.

The new law introduces a presumption against bail for violent offenders, both youth and adult, regardless of whether a weapon was used.

Additionally, it reinstates breach of bail as an offence and mandates electronic monitoring for repeat offenders.

The law also strengthens police powers to use hand-held scanners to detect weapons in public spaces, extending their use in locations such as schools and on public transport.

Samara Laverty thanked her daughter Bridget for her support during the campaign for tougher laws, saying, “Bridget is as much to thank for this as my fight has been.”

The New Law

Under Declan’s Law, violent offenders, including those aged 10 to 17 years, will face a presumption against bail, even if no weapon was involved.

Serious violent offences, including threats to kill, reckless endangerment, assault, and sexual offences, will now fall under this presumption.

Youths who breach bail will now face criminal penalties, and repeat offenders with a history of serious offences within the past two years will also face a presumption against bail.

In addition, mandatory electronic monitoring will be introduced for repeat serious offenders granted bail, a provision that was previously not obligatory.

In terms of knife crime, the reforms streamline the process for police to use hand-held scanners, expanding their use beyond high-risk areas to public transport and schools.

Police will also be able to deploy these scanners for longer periods, with the authorised use extended from 12 hours to 72 hours.

Government Faces Criticism

Despite a resounding victory in the recent elections on the back of promising to be tougher on crime, Finocchiaro is facing criticism from advocacy groups over her government’s approach.

The National Aboriginal and Torres Strait Islander Legal Services (NATSILS) has pushed back against these initiatives, arguing they will do more harm than good.

NATSILS chair Karly Warner has criticised the chief minister’s stance, stating, “The new Chief Minister has been elected on a platform to reduce crime, but her punitive agenda will do the exact opposite. Law and order posturing about punishment, power, and control has never worked before, and it won’t work now.”