Login
Law Society ‘disappointed’ with youth bail experiment
The NSW Law Society says it is “disappointed” with the state government’s decision to amend the Bail Act for young offenders, warning it could lead to flawed legislation.
Naomi Neilson
As part of its $26.2 million youth justice package, the government amended the Bail Act 2013 to include a “temporary additional bail test” for offenders between the ages of 14 and 18 who committed serious break and enter or motor vehicle theft while on bail.
Attorney-General Michael Daley said he hopes to see the “positive impact of the prevention and intervention measures so that we see fewer young people entering the criminal justice system”.
However, NSW Law Society president Brett McGrath warned that evidence-based and well-considered reform was ignored by the amendment.
“Tightening the test for bail will result in more children being sent into custody,” McGrath said in a statement.
“In circumstances where youth justice centres are often many hours from child defendants’ families and communities, this change has the potential to do a great deal more harm than good.”
NSW Bar Association president Dr Ruth Higgins SC agreed that the amendments ignored evidence that found supporting young offenders was better at reducing reoffending than detainment.
“The association is gravely concerned at the introduction of legislation that will result in greater incarceration rates of vulnerable children, which risks normalising criminal associations, undermining development, and producing more reoffending,” Dr Higgins said.
“The legislation introduces a novel test of ‘a high degree of confidence’ that does not appear in any other legislation in New South Wales. The result will be that children are treated in a way that is harsher and more onerous than the treatment of adults.”
The government also introduced a new offence for young offenders who break and enter or steal a motor vehicle and share material online to “advertise their involvement” in the criminal behaviour.
Those found guilty will face an additional two years’ imprisonment.
Over the next 12 months, the government will “collect evidence” to determine whether the amendments should continue.
McGrath said governments should ordinarily seek “an appropriate evidence base” before moving forward with significant reforms.
Inside the $26.2m youth justice package
In addition to the Bail Act amendments, the government will invest $13.4 million for a “targeted response” pilot program in Moree.
This will include additional justice resources for local and children’s courts, a bail accommodation and support service, Indigenous organisations for young Aboriginal offenders, and a six-month action plan to improve service delivery throughout the region.
Another $12.9 million will be invested in statewide crime prevention initiatives, such as an expansion of Youth Action Meetings and the Safe Aboriginal Youth Patrol Program.
The government will also roll out $7.5 million in justice reinvestment grants to recipients as early as June 2024.
Premier Chris Minns said the reforms “look at the big picture at a whole-of-community level”.
“We will not leave regional communities behind, and we will ensure regional communities are safe and appealing places to work, live, and raise a family,” Minns said.
Daley added that the programs mean “young people will have more support and be connected to services” to limit reoffending and connect them with vital wellbeing assistance.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
