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Detention laws – are they a last resort for teen crims, or for the government?

The Queensland government will scrap detention as a last resort for young offenders amid growing youth crime concerns.

May 01, 2024, updated May 01, 2024
Queensland Premier Steven Miles (centre) is seen during a meeting with State Emergency Service (SES) members involved in this weeks storm recovery, at Murrumba Downs, north of Brisbane, Wednesday, January 31, 2024. AAP Image/Darren England)

Queensland Premier Steven Miles (centre) is seen during a meeting with State Emergency Service (SES) members involved in this weeks storm recovery, at Murrumba Downs, north of Brisbane, Wednesday, January 31, 2024. AAP Image/Darren England)

Premier Steven Miles confirmed that the clause “detention as a last resort” in the Youth Justice Act would be amended to read children should be detained in custody where “necessary” to keep Queenslanders safe.

“We’ve seen a lot of misrepresentation and confusion suggesting that the courts are unable to impose detention,” he said in a statement on Wednesday.

“I am concerned that the existing wording of the principle is undermining confidence in the laws and the courts.”

The clause will be redrafted to clarify young offenders should be detained in custody where necessary when other measures of prevention and intervention are not sufficient.

It also says children should not be detained longer than necessary.

“While prevention and intervention are essential, there are cases where detention is necessary for community safety,” Mr Miles said.

“These changes will remove any doubt that detention should be used in those circumstances.”

The government has faced heightened pressure to change the principle, with one of the opposition’s top October election promises to remove the clause.

Tuesday’s parliament sitting was littered with questions from the LNP on why detention as a last resort would not be removed, with Labor later bowing to pressure during a late-night caucus meeting.

However, the announcement has concerned support bodies who claim the change is irresponsible due to the number of children already in detention.

“Greater focus on apprehending and detaining young people, some as young as 10 and 11 years old, will further exacerbate catastrophic outcomes in an already over-crowded youth justice system,” Queensland Council of Social Services chief executive Amy McVeigh said.

The Child Death Review report released in March revealed Queensland locked up more children than the rest of the country.

On an average day in 2022, 267 kids aged 10-17 were in custody while another 227 spent time in a detention unsentenced.

Ms McVeigh said increased custody meant increased reoffending.

Instead, the government should focus on prevention and support for children who experience domestic and family violence that may increase the risk of them pursuing crime.

Similarly, PeakCare Queensland’s CEO said the focus should be on early intervention.

“What we really need is an announcement on what the commitment to early intervention and prevention from the government is going to be,” Tom Allsop told ABC Radio.

A raft of youth crime changes were introduced to parliament on Tuesday under a $1.28 billion Community Safety Plan.

One was the expansion of a random knife-wanding trial dubbed Jack’s Law to shopping centres and pubs.

Jack’s Law has gained interstate interest since it was passed in March 2023, four years after the stabbing death of teenager Jack Beasley on the Gold Coast

The government is also looking to make good on its promise to expand children’s court access to media, victims, and their families.

An independent Victims’ Commissioner to support and advocate for the needs of those impacted by sexual violence will also be permanently established alongside a review board.

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