Queensland plans to jail children like adults by Christmas. Here’s how it could happen

Queensland’s new premier is making good on a campaign promise to introduce laws allowing children who commit “adult crimes” to be jailed until they become “adults”, with legislation being drafted right now.

What do these laws mean?

It might be helpful to start with a hypothetical.

The minimum age of criminal responsibility in Queensland is 10 years.

So, according to the new laws, a 10-year-old who commits murder will be sentenced to life imprisonment.

In Queensland, this is a 20-year non-parole sentence.

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Here’s how new Health Secretary Tim Nicholls explained the hypothesis last month:

“They will be subject to the same court processes as an adult… they could potentially be given the maximum sentence in these circumstances.”

Mr Nicholls added that the laws would “really” be aimed at people in their late teens “who are repeat offenders”.

Recent high-profile sentences for juveniles convicted of murder in Queensland range from 10 to 15 years in prison, each depending on the circumstances and parole eligibility.

How did we get here?

Law and order dominated the Queensland state election campaign.

It was a contest that the LNP won convincingly due to its support for the party’s stance on crime.

Large man billboard with political slogans — One of many election billboards reading “Adult Crime, Adult Time” across the state. (ABC News: Cameron Simmons)

The party’s “Adult Crime, Adult Time” policy was posted on billboards across the state.

The policy is in line with the LNP’s wider “Making Queensland a Safer” plan.

This includes creating youth diversion programs, eliminating the concept that detention should be used as a last resort, and emphasizing the importance of victims in the criminal justice system.

What will change?

New Prime Minister David Crisafulli says juvenile sentences will be changed for five offences, including:

mandatory minimum sentences for murder

And he says the “basic threshold” for sentences should be increased by:

manslaughter
unlawful wounding
aggravated breaking and entering crimes
and vehicle theft

Will these laws make Queenslanders safer?

It’s controversial, but Mr Crisafulli says it will happen.

“I will never say no to stricter laws,” he says.

“Because I map the offenses and I see that when the offender turns 18, in many cases the stricter laws act as a deterrent and the likelihood of offending is reduced.”

Meanwhile, experts point to evidence that tougher penalties are not effective in reducing reoffending among young people.

Blonde woman looking at the camera — Law Society of Queensland President Rebecca Fogarty. (Attached: Rebecca Fogerty)

Groups including human rights organizations and the Law Society of Queensland are unhappy with the proposal.

Law Society of Queensland president Rebecca Fogerty says the state already has some of the toughest youth justice laws in the country.

She says the new laws are “an ineffective slogan that dehumanizes children and does not constitute good law according to established empirical evidence.”

Ms Fogarty is also concerned about how quickly the proposed laws will be passed.

“We want to ensure that any change is subject to the scrutiny of experts, including us,” she says.

Is it normal for laws to change so quickly?

Not really. The new government will work for two weeks until the end of the year.

This means experts and stakeholders will have about a week to review the proposed legislation before it is passed.

University of Queensland law professor Graham Orr says new laws, especially controversial ones, typically go through committees within six weeks before they come into force.

He says it is during this period that the subsequent consequences of laws can be revealed.

“For example, there is a need to think about allocating resources to detention centres, policing and prosecution practices,” says Professor Orr.

Why the rush?

Mr Crisafulli says he promised crime victims he would act quickly.

A man in a suit helps guide a man in glasses outside a country house. — David Crisafulli with Victor White (center) and Wileen White’s daughter Cindy Micallef (left). They both support the proposed laws. (AAP: Darren England)

This includes Victor White, whose wife Vaylin was allegedly murdered earlier this year. Mr. Crisafulli says it was Mr. White who coined the phrase “adult time.”

“I’m not going to see a generation of Queenslanders at Christmas facing no consequences for their actions,” Mr Crisafulli says.

“We had a really big consultative process called the adult crime election. Queenslanders have spoken overwhelmingly.”

Does this affect human rights?

Mr Crisafulli says any deviation from the state’s Human Rights Act will be explained in the bill’s statement of intent.

This is the introduction of laws detailing their contents, which have not yet been published.

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Amnesty International says the proposed laws would violate international human rights standards.

Indigenous rights activist Casey Thierman called on the government to “ensure that any youth justice policies they put in place do not violate human rights.”

What is the opposition saying?

The Labor Party is still in the process of regrouping after its election defeat.

Former prime minister Steven Miles says the party does not yet have a formal position on the laws.

A man in a tight white business shirt holds a microphone. In the background there is a blue sky and a palm tree. — Former Queensland premier Steven Miles said the LNP had won a mandate. (ABC News: Georgia Loney)

But he says the LNP government has a strong mandate.

“I believe they won the election; they have a mandate for such policies,” he says.

“I don’t think you should expect us to oppose the policies that they clearly had in the election.”