NSW Youth Detention Soars 32 Percent Amid Bail Crackdown

Police block off a street at Bondi Junction, an eastern suburb of Sydney on June 27, 2023 after a shooting incident. Australian police said a man was killed in Sydney's famed Bondi neighbourhood on June 27, in what local media called a "gang hit". (Photo by Andrew LEESON / AFP) Photo by ANDREW LEESON/AFP via Getty Images

The number of young people in custody in New South Wales (NSW) has surged by 32 percent over the past year, with new figures from the NSW Bureau of Crime Statistics and Research (BOCSAR) showing an increase of 54 detainees since December 2023.

BOCSAR Executive Director Jackie Fitzgerald attributed the rise to a sharp increase in young people held on remand.

“There’s been a 34.4 percent increase in the youth remand population since 2023, with an increasing number of young people on remand for break and enter and assault offences,” she said.

The primary driver of this trend is a rising bail refusal rate, which has increased from 13.7 percent in 2023 to 15.2 percent in 2024. This tightening of bail conditions has affected a broad range of offences.

Aboriginal Youth in Detention

The number of young Aboriginal people in custody has also risen, increasing by 21.7 percent since December 2023.

Fitzgerald noted that this spike was entirely due to the growing number of Aboriginal youth on remand, which is up by 22.6 percent.

“Two-thirds (68.2 percent) of Aboriginal young people in custody are from regional NSW,” she said.

As of December 2024, Aboriginal youth made up 57.3 percent of the total youth detention population, with 129 detainees compared to 106 a year earlier. Break and enter offences accounted for the largest rise, increasing by 20 young people to 30, while assault cases rose from three to eight.

Impact of Bail Law Changes

Last year, in response to regional crime concerns, NSW Premier Chris Minns introduced a year-long policy tightening youth bail laws. This made it more difficult for young people charged with break and enter or car theft while on bail to receive bail again.

The move was met with criticism from legal bodies, including the NSW Bar Association and Law Society of NSW, which warned it could lead to the unnecessary incarceration of vulnerable children.

“The NSW Law Society has stated that the new test is more stringent than the ‘show cause’ test applied to adults,” said Drew Hamilton, founding partner at Hamilton Janke Lawyers.

“It requires a high degree of confidence that a young person will not commit a serious indictable offence for bail to be granted.”

He added that the policy has resulted in the detention of young people who may ultimately be found not guilty or would not receive a custodial sentence even if convicted.

Despite these concerns, the Minns government has continued to prioritise youth crime reduction, investing an additional $2 million (US$1.27 million) into diversionary programs while seeking to extend the bail law changes.