Queensland's Proposed Bail Overhaul Sparks Intense Criticism

Proposed changes to Queensland's bail laws have sparked intense criticism from experts, who warn that the reforms will lead to more children being held in inhumane conditions, increased pressure on jails and courts, and worsening reoffending rates. The overhaul, which aims to crack down on youth crime, would see adults and children who commit serious crimes while on bail face a mandatory minimum 12 months in jail.

Criticisms of the Bail Overhaul

The proposed changes have been widely criticized in over 250 submissions to state parliament, with experts from policing, legal professions, and advocacy services expressing concerns about the legislation. Youth Advocacy Centre chief executive Katherine Hayes said the cost of the minimum mandatory sentence for just one child would be $1 million, and have the opposite desired effect.

"This is an astonishingly large resource commitment of public money on a policy that is already failing, breaches human rights and ultimately does not make the community safer," she said.

Hayes also expressed concerns about the conditions in watch houses, where children can be held in small cells for days, weeks, or even months.

"The behaviour of children in watch houses can be challenging, sometimes violent and extremely difficult to manage, with physical and sexual assaults taking place in cells holding multiple children."

"Holding these children in small cells for days, weeks and even over a month is inhumane and almost certain to lead to an escalation of behaviour."

Government's Stance

Attorney-General Deb Frecklington introduced the legislation to state parliament, saying it was the government's next step in restoring community safety.

"We have met these victims. We have listened as they have expressed their grief, pain and loss," she said.

"We have registered their anguish at the fact that repeat offenders are responsible for the majority of youth crime and, what is more, many of these serious offences are committed while on bail. This must be confronted."

Ms Frecklington accepted the government would override the Human Rights Act to implement the policy.

Legal Concerns

The policy would implement a new test for police and courts, requiring them to deny bail unless there is a "high degree of confidence" a person won't reoffend. However, the Bar Association of Queensland submitted that this test had "no clearly established meaning in criminal law" and was "not defined" in the Bill.

President Cate Heyworth-Smith KC also noted the mandatory minimum period would remove the incentive to enter early guilty pleas and increase the number of criminal trials.

"This will create backlogs in the courts, with the anxiety that those long delays and trials cause to the victims of the alleged offending, and the witnesses," she submitted.

Impact on First Nations People

Debbie Kilroy, chief executive of Sisters Inside, an Aboriginal-led organisation advocating for the human rights of women and girls in jail, was scathing of the legislation.

"If parliament enacts a measure knowing who is most heavily policed, who is least likely to have the material resources to satisfy bail, and who already fills the State's cells, parliament owns the racial outcome. It cannot hide behind neutral wording," Ms Kilroy said.

Tabitha Lean, from the National Network of Incarcerated and Formerly Incarcerated Women and Girls, said there was something "profoundly disturbing" about the government's youth crime agenda.

"The Queensland government knows the existing rates at which Aboriginal and Torres Strait Islander children are imprisoned."

"It therefore cannot credibly claim ignorance about who will bear the greatest burden of another expansion of youth incarceration."

Pressure on Corrections System

The Queensland Police Union said while it supported the overarching theme of the proposal, it was "deeply concerned" about the implications for overstretched watch houses.

"The inability of Queensland Corrective Services and the Department of Youth Justice to consistently accept transfers in a timely manner has created substantial operational and workplace safety challenges for police officers," president Shane Prior said.

"Without urgent investment in additional remand infrastructure, there is a significant risk that the intended benefits of the Bill will be undermined by an already overstretched custodial system."

Queensland's corruption watchdog noted overcrowding in corrections systems increased the likelihood of excessive force by police, which often amounted to corrupt conduct.

Victims advocacy service, Voice for Victims, was also supportive of the legislation, but called for a holistic approach.

"The ultimate measure of success is not how many people enter custody, but how many people are prevented from becoming victims."

The government has promised the policy will be law before the end of the year.