Queensland plans to lock up children like adults until Christmas. Here’s how that could happen

Queensland’s new premier is making good on his pre-election promise to introduce laws to jail children who commit “adult offences” on “adult time”, 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 under these new laws, a 10-year-old who commits a crime will be liable to life in prison.

In Queensland, this is a non-parole period of 20 years behind bars.

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

“They would be subject to the same court processes as an adult … they could potentially end up with the maximum sentence under the circumstances.”

Mr Nicholls added that “in reality” the laws would target people in their late teens “who are repeat offenders”.

Recent sentences for juveniles convicted of murder in Queensland range from 10 to 15 years in prison, each with different circumstances and parole eligibility.

How did we get here?

Law and order dominated the Queensland state election campaign.

It was a contest that the PNL won convincingly on the basis of support for the party’s stance on crime.

Large billboard with a man with political slogans — One of many “adult crimes, adult time” election boards around the state. (ABC News: Cameron Simmons)

The party’s “grown-up crime, grown-up time” policy was featured on billboards across the state.

The policy is part of the LNP’s wider ‘Making Queensland Safer’ plan.

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

What will change?

New Premier David Crisafulli says sentencing for minors would change for five crimes, including:

mandatory minimum sentences for crime

And it says the “baseline” for penalties should be increased for:

manslaughter
unlawful wounding
aggravated burglary
and car theft

Will these laws make Queenslanders safer?

This is controversial, but Mr. Crisafulli says they will.

“I will never depart from stronger laws,” he says.

“Because I’m mapping crime and I see that once an offender turns 18, in many cases stronger laws act as a deterrent and there’s less chance of them committing crimes.”

Meanwhile, experts point to evidence that suggests tougher penalties are not effective in reducing youth recidivism.

A woman with blond hair looking at the camera — Rebecca Fogerty, President of the Law Society of Queensland. (Provided by: Rebecca Fogerty)

Groups including human rights organizations and the Queensland Law Society are not happy with the proposal.

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

She says the new laws are “a dysfunctional slogan that dehumanized children and did not represent good law according to established empirical evidence”.

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

“We want to make sure that any change can be subject to peer review, including our own,” she says.

Is it normal for laws to change so quickly?

Not really. The new government is to sit for two weeks before the end of the year.

This means that experts and stakeholders will have about a week to review the bill before it is approved.

University of Queensland law professor Graeme Orr says new laws – particularly contentious ones – are usually considered by committees for six weeks before progressing.

He says that during this period the downstream consequences of the laws could be identified.

“For example, the resources for detention centres, the police and prosecution practices that need to be thought about,” says Professor Orr.

Why the rush?

Mr. Crisafulli says he promised the victims of the crime that he would act quickly.

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

This includes Victor White, whose wife Vyleen was allegedly killed this year. Mr. Crisafulli says it was Mr. White who came up with the phrase “adult time.”

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

“We had a very large consultation process called the adult crime election for adults. Queenslanders have overwhelmingly spoken.”

Does this impact on human rights?

Mr Crisafulli says any overreach of the state’s Human Rights Act would be spelled out in the bill’s statement of intent.

This is the introduction to the laws detailing what this is about, which has not yet been published.

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

The organisation’s indigenous rights activist Kacey Teerman called on the government to “make sure that any youth justice policies they adopt do not violate human rights”.

What does the opposition say?

Labor is still in the process of regrouping after the electoral defeat.

Former premier Steven Miles says the party has yet to take an official position on the laws.

A man in a tight white business shirt holding a microphone. In the background is the blue sky and a palm tree. — Former Queensland premier Steven Miles says the LNP has won a seat. (ABC News: Georgia Loney)

But he says the PNL government has a strong mandate.

“My view would be that they won the election; they have a mandate for this policy,” he says.

“I don’t think you should expect us to oppose what was clearly the policy they adopted in the election.”