Queensland has recently enacted stringent new laws which will impose adult sentences on children starting from the age of 10 for serious offenses, including murder and serious assault. This legislative shift is being justified by the state government as a response to significant community distress over youth crime, with officials asserting that it will serve as a deterrent to such behavior. However, experts are raising alarms, pointing to research indicating that tougher sentencing does not effectively curb youth crime and may instead heighten it.
The reforms are facing scrutiny from the United Nations, which argues that they contravene international conventions concerning children's rights and fundamental human rights principles. The ruling Liberal National Party (LNP) had emphasized this policy during their election campaign, positioning it as a means to prioritize victims' rights over those of young offenders. Premier David Crisafulli highlighted that the laws are designed for Queenslanders feeling unsafe due to youth crime.
Yet, data from the Australian Bureau of Statistics reveals a marked decline in youth crime in Queensland over the past 14 years; crime rates have reached an all-time low, contradicting claims of an ongoing youth crime crisis that necessitated tougher penalties. The newly established framework—titled "adult crime, adult time"—covers 13 offenses that will now face much stiffer consequences, including mandatory life sentences for murder, with non-parole periods lasting two decades. In contrast, the prior maximum penalty for young murder suspects was a mere decade.
The new regulations also dismantle provisions that previously favored non-custodial sentencing for juveniles, allowing judges to take into account a child’s entire criminal history during sentencing. The Queensland Police Union has expressed support for these changes, asserting they represent a significant improvement in addressing juvenile criminal behavior. Attorney-General Deb Frecklington reiterated the notion that the revisions would help the courts respond effectively to patterns of youth offending, yet she acknowledged the conflict with global standards regarding children's rights.
Critics of the new laws, including Australia’s commissioner for children, Anne Hollonds, labeled the reforms an "international embarrassment," arguing they ignore mounting evidence that the earlier children encounter the justice system, the greater the likelihood they will continue a cycle of offending. Legal experts have also voiced concerns regarding potential fallout for victims, suggesting that the likelihood of minors choosing not to plead guilty could result in longer legal processes and increased court delays.
Despite acknowledging short-term challenges, Crisafulli's administration insists on a long-term strategy to establish additional juvenile detention facilities. As things stand, Queensland leads Australia with the highest number of children in detention, raising concerns about the implications of the new laws, especially for Indigenous youth.
