Youth offending has become a key political issue in Queensland. In response to a perceived rise in youth crime, especially in regional areas, the government has introduced a raft of legislative amendments focused on tightening bail laws and increasing detention powers.

Bail Reversal and Electronic Monitoring

One major change is the reversal of the presumption of bail for serious repeat youth offenders. Under the Youth Justice Act 1992 (Qld), the burden now lies with the accused child to “show cause” why detention is not justified.

Further, the government has expanded the use of electronic monitoring devices for children as young as 15, and police have been given broader powers to breach children for minor bail infractions.

Criticism and Legal Implications

These reforms have been criticised by legal advocacy groups, including the Queensland Law Society and Youth Advocacy Centre who argue the changes undermine the principles of rehabilitation and have contributed to an increase in the number of children being held on remand.

Lawyers representing youths must be prepared to argue strongly in bail applications and be well-versed in the “show cause” provisions. Defence submissions need to focus on family support, lack of prior history, or alternatives to custody like bail support programs.

If your child or someone you know is facing charges, early legal advice is essential. Our firm regularly appears in Children’s Court matters and can help guide families through this complex system.

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.