Key facts
- Queensland's new law mandates a 12-month jail sentence for children as young as 10 charged with a "significant offence" while on bail.
- The government has conceded the law breaches human rights, including the right to liberty and humane treatment.
- The legislation requires an override of the Queensland Human Rights Act.
- Human rights lawyers argue the law removes judicial discretion and may lead to cruel outcomes.
- The law is expected to exacerbate overcrowding in correctional facilities and youth detention centers.
The Queensland government has conceded that its new "breach bail, go to jail" law, which imposes mandatory 12-month jail sentences on some offenders as young as 10, breaches human rights. The legislation requires an override of the Queensland Human Rights Act, as it limits the right to liberty and humane treatment, and is expected to further strain overcrowded correctional facilities and youth detention centers.
Human rights lawyers argue that the law removes judicial discretion, potentially leading to cruel outcomes, and that there is little evidence it will deter young people. Senior lecturer in criminology William Wood noted that the law might disproportionately affect less serious offenders, as those convicted of violent crimes would likely receive longer sentences anyway. Premier David Crisafulli defended the law, stating it would provide Queensland with the strongest bail laws in the country to protect citizens, even if it means opening additional jails.
The legislation applies to individuals charged with a "significant offence" while on bail or failing to appear in court. For children, a "significant offence" includes any of the 47 previously legislated adult crime offenses. The law also removes the requirement for police to consider diversionary options before charging a child and expands an exemption to the human rights act for police watchhouses.