Youth and adults under trial in Northern Territory will not be able to secure bail if involved in any serious offence. The Country Liberal Party (CLP) will introduction Declan’s Law to Parliament when sitting begins on Oct. 15.
Under this law, there will be a “presumption against bail for youth and adult serious violent offenders,” regardless of whether a weapon is involved. This presumption applies even if the offence did not involve the use of a weapon.
“Samara Laverty’s son, Declan, was murdered while at work, at the hands of someone out on bail for violent offending,” Chief Minister Lia Finocchiaro said.
Reforms Aim to Tackle Rising Knife Crime
The reforms include easier and quicker use of hand-held knife scanners, or “wands,” to help police detect and prevent knife crime in public places.“This could not have happened without the community coming together to help make the Territory a safer place, and for that, I will be forever thankful,” the chief minister said.
Under the laws, the presumption against bail will no longer require the use or threatened use of a weapon, and it will extend to youths aged 10 to 17 years.
Serious violent offences, including threats to kill, reckless endangerment, assault, and sexual offences, will now fall under this presumption.
Breaching bail will become an offence for youths, and a presumption against bail will apply to anyone found guilty of two or more serious offences within the past two years, or those accused of committing a serious offence while already on bail. Examples of serious offences include drug possession, escaping custody, and theft.
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.
Government Faces Criticism
Finocchiaro underscored that these reforms are part of the government’s response to the growing crime crisis.“Turning around the crime crisis Labor created will take time, but we are already taking the action needed, as we promised we would. We have a clear mandate to deliver this reform, and we make no apologies for delivering it,” she said.
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.
“If the stated agenda of the new government proceeds, it will backfire. Chief Minister Finocchiaro will preside over a more dangerous Northern Territory in the months and years ahead.”
