New laws in Queensland spark debate over youth justice and human rights
The Australian state of Queensland has passed controversial new laws that will subject children as young as 10 to the same penalties as adults for serious crimes, including murder, serious assault, and break-ins. This legislative shift marks a significant departure from previous juvenile justice policies and has sparked widespread debate across the country.
The Queensland government asserts that these tougher sentencing laws are a direct response to what they describe as “community outrage over crimes being perpetrated by young offenders.” According to the government, the new rules will serve as a deterrent to would-be offenders and ensure that young criminals face more serious consequences for their actions. Premier David Crisafulli, speaking after the legislation was passed, stated that these laws prioritize “the rights of victims over the rights of criminals,” framing the changes as a necessary measure for protecting public safety.
However, the new laws have drawn criticism from experts, child welfare organizations, and international bodies, who argue that the harsher penalties are misguided and may ultimately worsen the situation. Research consistently shows that tougher penalties do not reduce youth crime and may instead exacerbate the problem by increasing recidivism. These reforms have also been criticized for contradicting international human rights conventions, particularly those regarding the treatment of children in conflict with the law. The United Nations has voiced concern, stating that the changes violate international law and disregard established protections for children’s rights.
The laws were championed by the Liberal National Party (LNP), which won the state election in October and made tougher penalties for young offenders a key part of its campaign. According to the LNP, the reforms are aimed at addressing the rise of youth crime, which they claim has been spiraling out of control. The party’s leadership argues that the previous system, which offered more lenient sentences to young offenders, had failed to protect Queensland’s citizens.
“[These laws] are for every Queenslander who has ever felt unsafe and been a victim of youth crime across our state,” Premier Crisafulli said in a statement after the bill was passed. Both major political sides in Queensland had used the rhetoric of a “youth crime wave” in the lead-up to the vote, with both claiming that a more punitive approach was necessary to combat the growing problem of youth offenders.
Despite these claims, data from the Australian Bureau of Statistics reveals a different picture. Youth crime rates in Queensland have been steadily declining for over a decade, with the rate of youth crime halving over the past 14 years. In fact, 2022 saw the lowest youth crime rates on record. According to figures from both the Queensland Police Service and the Australian Institute of Criminology, youth crime has been on a consistent downward trend, contradicting the government’s claims of an escalating crisis.
The new laws, which the government has dubbed “adult crime, adult time,” will subject young offenders to harsher prison sentences for 13 specific crimes, including murder. Under the new provisions, those convicted of murder as a child will face mandatory life detention, with a non-parole period of 20 years. Previously, the maximum sentence for young offenders convicted of murder was 10 years, with life imprisonment only being considered for crimes deemed “particularly heinous.” In addition, the new laws remove provisions that favored non-custodial measures, such as community service or fines, for children, making it easier for judges to sentence young offenders to prison. Judges will now also be able to take a child’s full criminal history into account when determining sentences.
The Queensland Police Union has praised the new laws, calling them a “leap forward in the right direction.” Queensland’s new Attorney-General, Deb Frecklington, also expressed support, arguing that the laws would enable courts to “better address patterns of offending” and “hold people accountable for their actions.” However, even Frecklington acknowledged that the new laws could have negative consequences. She noted that they would likely lead to more children being held in police cells for extended periods due to overcrowding in detention centers. Queensland already has the highest number of children in detention of any Australian state or territory, and Frecklington warned that Indigenous children would be disproportionately affected by the reforms.
Critics of the new laws have raised concerns about their long-term impact, particularly on vulnerable children. Australia’s Commissioner for Children, Anne Hollonds, called the changes an “international embarrassment,” accusing the Queensland government of ignoring evidence that early involvement with the justice system increases the likelihood that young people will reoffend. “The younger a child comes into contact with the justice system, the more likely it is that they will continue to commit more serious crimes,” Hollonds said. She also criticized the provisions targeting the most at-risk children, saying that they would harm those who need support the most.
Legal experts who gave evidence to a parliamentary hearing on the bill have also warned of unintended consequences. One concern is that the harsher penalties may discourage children from pleading guilty, as they could face lengthy sentences if convicted. This could lead to more trials, longer court delays, and increased pressure on the already overburdened justice system. Moreover, critics argue that by focusing on punitive measures, the government is neglecting the need for rehabilitative programs and support services for young offenders, which could help reduce recidivism in the long term.
The debate over these reforms highlights the ongoing tension between the desire for tougher laws in response to perceived crime waves and the need for more evidence-based approaches to youth justice. While the Queensland government insists that these changes are necessary to protect public safety, many experts argue that they will only perpetuate a cycle of crime and incarceration. They contend that addressing the root causes of youth crime—such as poverty, lack of education, and mental health issues—through preventative measures and rehabilitation programs would be a more effective strategy.
At the same time, the new laws are set against a backdrop of broader concerns about the state’s justice system. Queensland has struggled with overcrowded detention facilities, and some critics argue that these reforms may exacerbate the issue by increasing the number of young people incarcerated. Premier Crisafulli has acknowledged the short-term pressures that may arise from the reforms but maintains that the government has a long-term plan to expand detention facilities and offer alternative options for young offenders.
The international response to the changes has been largely critical. Human rights organizations, child welfare groups, and even the United Nations have expressed alarm at the potential violation of children’s rights. The UN has called for a reassessment of the laws, urging Queensland to comply with international standards that protect children from being subjected to adult sentencing.
As Queensland moves forward with these new laws, the debate over their effectiveness and impact on young offenders continues to intensify. Critics argue that the state risks undermining decades of progress in juvenile justice, while supporters maintain that they are a necessary step to address youth crime. The future of Queensland’s youth justice system may depend on how the state responds to the growing concerns about these reforms and whether it embraces a more balanced approach to justice.