With the Queensland Liberal National Party’s recent electoral victory and its “tough on youth crime” platform, youth justice laws in the state are set for significant changes. The “adult crime, adult time” approach proposes that youth offenders receive adult sentences for serious crimes.

Some likely implications this will have on youth sentencing (those under 18) include:

Higher Penalties for Specific Offenses

Legislative changes are aimed at harsher penalties on crimes frequently associated with youth offenders, such as:

  1. car theft,
  2. property damage; and
  3. violent offenses.

Changes could include minimum sentencing guidelines specific to these crimes when committed by minors.

Lowering the Threshold

This could involve reducing the age or circumstances under which youth offenders can be tried as children, particularly for violent or serious crimes. The aim would be to mandate that repeat or serious offenders face adult sentencing frameworks, possibly by redefining age-related exemptions in the Youth Justice Act 1992.

Increased Detention Powers

Proposed amendments might expand police and judicial authority to detain youth offenders pre-trial or post-sentence for extended periods, potentially including mandatory minimum sentencing for specific offenses. Such changes would align youth sentencing more closely with adult practices, despite concerns about developmental appropriateness and recidivism.

Use of Adult Watch Houses and Detention Facilities

Changes could further permit or codify the detainment of minors in adult watch houses when juvenile facilities are unavailable. Recent legislation, like the Youth Justice and Other Legislation Amendment Act 2021, already allows limited use of adult watch houses for children. New laws could broaden this, sparking debate about its impact on youth welfare and international compliance.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.