In a move that has lit a firestorm of controversy, Queensland's government has enacted laws to prosecute children as young as 10 using the same penalties faced by adults for grave offenses such as murder, serious assault, and breaking and entering. This decision follows mounting "community outrage" regarding youth crime and is promoted as a deterrent against future offenses. However, numerous experts have expressed dissent, citing research indicating that increased punitive measures do not effectively lower youth criminality and may, in fact, exacerbate the issue.
The new regulations have been met with scrutiny from the United Nations, which calls them a breach of children's human rights and international legal standards. This initiative, largely championed by the Liberal National Party (LNP) during recent elections, emphasizes prioritizing "the rights of victims" over those of offenders. Premier David Crisafulli, after the formal vote, stated that the laws reflect a commitment to ensure safety for all Queenslanders impacted by youth crime.
Despite claims from political leaders that Queensland is experiencing an alarming surge in youth criminal activity, data from the Australian Bureau of Statistics reveals a significant decrease in youth crime over the past fourteen years. Records show that in 2022, the youth crime rate reached historical lows, contradicting claims of a crime epidemic.
The new legislation, termed "adult crime, adult time," delineates 13 felonies subjected to mandatory harsher sentences, including life sentences for murder without parole eligibility for 20 years. The previous cap for young offenders was a maximum of 10 years for murder, only escalating to life imprisonment for particularly heinous offenses. In an additional shift, the laws discard provisions to treat detention as a last resort and allow judges to factor in a child's entire criminal past when determining sentences.
The Queensland Police Union has endorsed the measures as a "positive progression," while Attorney-General Deb Frecklington argues that these changes will better reflect patterns of criminal behavior. Nonetheless, she recognized potential conflicts with international legal standards and the disproportionate effect on Indigenous children, cautioning that rising youth incarceration could lead to increased detentions in police cells due to overcrowded facilities.
Queensland currently boasts the highest juvenile detention rates among Australian states. In response to potential immediate challenges, Premier Crisafulli asserted plans for expanding detention facilities and options in the long run. Anne Hollonds, Australia’s commissioner for children, decried the legislation as a significant threat to the rights of minors, highlighting evidence that early contact with the justice system increases the likelihood of future serious offenses. Furthermore, legal experts during parliamentary hearings have indicated that these tougher laws could lead to unintended consequences for victims, with children more inclined to contest charges instead of pleading guilty, potentially resulting in protracted trials and delays in the judicial process.
