Qccl condemns misguided Youth Justice Changes

QCCL has presented its submission to the Queensland Parliament’s Justice, Integrity and Community Safety Committee, regarding the Making Queensland Safer Bill 2024 aka “Adult Crime, Adult Time” Bill.

The request for submissions was issued to advocates late Thursday afternoon with 12pm Tuesday deadline.

“This insincerity is a damning indication of how the Crisafulli government intends to operate. Queensland deserves better,” President Michael Cope said.

“Queenslanders rightly expect that critical laws receive an appropriate level of community input.”

Summary: QCCL calls for the following objectives to be implemented:

-      Divert children and young people from further involvement when they first come into contact with the youth justice system,

-      Rehabilitate them during their involvement, and

-      Support successful transitions into a crime free life in the community.

This strategy has been identified by numerous professional experts.

President Cope said it was clear the objective of the Bill was to achieve short term goals.

“While it is clear the Crisafulli government is serious about reducing crime, there is also the question of what sorts of adults should emerge after their punishment,” Mr Cope said.

“Locking up a junior or teenager for 18 to 20 years doesn’t produce functional, employable taxpayers. It simply generates more criminality and serious systemic social problems. This outcome has been repeatedly raised in scientific evidence,” Mr Cope said.

QCCL recognises that the Bill has been introduced following tragic outcomes of youth crime.

“This Bill largely stems from unscientific and political motivations - as evidenced by the Human Rights Act compatibility statement,” Mr Cope said.

 “The Crisafulli Government has openly admitted the legislation will lead to more punitive sentences for children and has acknowledged the negative impact on their rights.”

QCCL’S KEY CONCERNS WITH SPECIFIC CLAUSES IN THE BILL

Clauses 4 and 5: Granting media rights to Court proceedings, including appeals and sentence reviews, risks damaging scrutiny and hinders rehabilitation by exposing minors unnecessarily.  We did not object to the amendments made in May 2024 that allowed the Court to enable victims, a relative or victim representative to be present in or removed from the Court, in appropriate circumstances.

In our view, the objective of the youth justice system is rehabilitation. This objective is facilitated by allowing as little information as possible about the child to become public. The law concerning media and public access to the Court should not be changed.

·        Clause 7: Amending section 328A of the Youth Justice Act to admit evidence of childhood findings of guilt (whether or not a conviction is recorded) could undermine the rehabilitative principle, extend punitive impact into adulthood and prevent offenders from moving forward.

·        Clauses 14 and 24: These clauses, abolish the principle of detention as a last resort and contradict scientific findings that detention worsens recidivism. These sections are a clear violation of the Queensland Human Rights Act which reflects international principle and scientific understanding developed over the last 100 years.

·        Clause 28: The proposal to name young offenders in cases involving violent offences contradicts evidence that labelling and stigmatisation increases the likelihood of reoffending and hinder rehabilitation.

·        Clause 48: Proposing to admit evidence of childhood findings of guilt for adult sentences undermines the principle of rehabilitation, limits the future prospects of young offenders, and contradicts research showing that juvenile crime should be treated differently to adult crime. The idea of naming and shaming children has been repeatedly rejected.

Our Submission Also Contends The Following:

Prisons do not rehabilitate youth but rather perpetuate cycles of crime. Research shows most youth eventually outgrow criminal tendencies. However, incarceration impedes their psychological maturity, delaying positive behaviour change compared to peers who remain outside the system.

“It has been established that the brain does not fully mature until age 25,” President Cope said.

“Most youth who enter the justice system (63%) never return to Court on charges. However, under this Bill, a young person might never rehabilitate. They will emerge as criminal graduates in their late 20s and 30s, with a permanent online profile, and no chance to become a functional contributing citizen.

“Worst of all, the crime rate may well stay exactly where it is today, or even increase.”

“Queenslanders rightly expect that young people entering the justice system, are not further encouraged to commit crime. Without appropriate rehabilitation measures, that may well  happen.”

-      ENDS.

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154 

4 December 2024