Queensland Removes ‘Imprisonment as a Last Resort’ for Child Criminals

A change of wording in state legislation will see Queensland go against the UN protocol on incarcerating child criminals.

Queensland Deputy Premier Steven Miles updates the media about Cyclone Jasper, in Brisbane, Australia, on Dec. 11, 2023. Dan Peled/Getty Images

The concept of detention as a last resort for minors has been scrapped by Queensland Labor following the introduction of a new community safety plan.

A fundamental perspective of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty states that “imprisonment should be used as a last resort.”

However, under the amended Queensland Charter of Youth Justice Principles, the rules now state:

“A child should be detained in custody, where necessary, including to ensure community safety, where other non-custodial measures of prevention and intervention would not be sufficient, and for no longer than necessary to meet the purpose of detention.”

The new plan also expands Jack’s Law powers, allowing police to search people randomly for knives and other weapons, and increases penalties for carrying knives in public.

Premier Steven Miles said Labor’s plan was based on evidence and would support prevention of crime.

“Queenslanders deserve to feel safe, and be safe, in their communities,” he said.

“That’s why I developed the Community Safety Plan in partnership with the police minister and new police commissioner, to tackle the root causes of crime, and implemented reforms to continue to give police the tools and laws they need.”

The Miles Government’s $1.28 billion Community Safety Plan legislation also includes expanding electronic monitoring of young offenders, cracking down on “posting and boasting” on social media, and introducing a firearms prohibition order scheme.

Additionally, hooning laws would be strengthened, and a new offence would be introduced for ramming emergency vehicles.

The legislation comes a year after hundreds of victims of crime marched on parliament against the state’s ongoing juvenile crime wave.

Opposition Says Crime on the Rise

Liberal National Party (LNP) Opposition Leader David Crisafulli says Labor’s changes do not adequately maintain detention as a last resort and argues that more needs to be done to stop youth crime.

Youth crime has been one of the LNP’s main election pillars, as the state’s population grows increasingly frustrated with perceived inaction by the state.

The LNP recently released statistics showing robberies were up 287 percent in Townsville, while in Bundaberg car thefts had risen 282 percent and assaults had soared by 253 percent in Rockhampton.

“Youth criminals have been running riot through our communities, knowing there are no consequences and little punishment for serious crime, but this will end under the LNP’s Adult Crime, Adult Time plan,” Crisafulli said.

“Adult Crime, Adult Time will bring back consequences for actions and send a clear message to youth offenders they will serve serious time for their crimes.

“We’ll also get serious about early intervention and rehabilitation.”

The LNP’s plans include firmer penalties, more support in intervention programs, and less protection from media scrutiny for young offenders.

Rights Group Criticises Miles

The Human Rights Law Centre has criticised the move away from detention as a last resort for children, warning that it could endanger young lives.

“Children do not belong in police and prison cells,” the centre’s managing lawyer Monique Hurley said in May.

“This politically calculated decision by Premier Miles to remove ‘detention as a last resort’ from the state’s youth justice laws is inconsistent with international human rights standards and risks more children being locked away across Queensland.

“The Miles Government should stop playing politics and start working towards a future where no child is locked away behind bars in the first place.”