Queensland Enacts Legislation Subjecting Children as Young as 10 to Adult Penalties

Legislation recently enacted in the Australian state of Queensland will impose adult-level penalties on children as young as 10 years old who are found guilty of offenses including murder, serious assault, and break-ins. According to the government, these stricter sentencing provisions address “community outrage over crimes being perpetrated by young offenders” and are intended to serve as a deterrent. However, numerous experts cite research indicating that more severe punishments do not decrease youth offending and may even worsen it. The United Nations has also voiced criticism of these reforms, asserting that they disregard conventions concerning the human rights of children and contravene international law. The Liberal National Party (LNP), which secured victory in the state election in October, highlighted these regulations as a central element of its campaign platform, stating that they prioritize the “rights of victims” over “the rights of criminals.” Following the bill’s passage by parliament on Thursday, Premier David Crisafulli commented, “These laws are for every Queenslander who has ever felt unsafe and been a victim of youth crime across our state.” Prior to the vote, political factions on both sides had asserted that Queensland was experiencing a surge in youth crime, necessitating a more punitive strategy to address the problem. Nevertheless, data from the Australian bureau of statistics reveals that youth crime in Queensland has decreased by half over the last 14 years, reaching its lowest recorded rate in 2022 and maintaining relative stability thereafter. Statistics from the Queensland Police Service and the Australian Institute of Criminology further confirm a distinct downward trajectory. The government has labeled these new statutes “adult crime, adult time.” They enumerate 13 offenses for which young individuals will now face more severe prison sentences, including mandatory life detention for murder, accompanied by a non-parole period of 20 years. Previously, the most stringent penalty for young offenders found guilty of murder was 10 years in jail, with life imprisonment reserved for cases where the crime was deemed “particularly heinous.” Furthermore, the legislation eliminates “detention as a last resort” provisions, which previously favored non-custodial alternatives like fines or community service over incarceration for children. It will also enable judges to take into account a child’s complete criminal history during sentencing. The Queensland Police Union has characterized these amendments as “a leap forward in the right direction.” Concurrently, Queensland’s new Attorney-General, Deb Frecklington, stated that the changes will empower courts to “better address patterns of offending” and “hold people accountable for their actions.” However, Frecklington also acknowledged in a summary that the changes directly contradict international standards, would disproportionately affect Indigenous children, and would likely result in more young individuals being held in police cells for longer durations due to full detention centers. Queensland currently detains more children than any other Australian state or territory. On Thursday, Premier Crisafulli stated that despite potential “pressure in the short-term,” his government possesses a long-term strategy to “deliver a raft of other detention facilities and different options.” Anne Hollonds, Australia’s commissioner for children, labeled the changes an “international embarrassment.” She further accused Queensland’s government of “ignoring evidence” indicating that “the younger a child comes into contact with the justice system, the more likely it is that they will continue to commit more serious crimes.” In a statement on Wednesday, she added, “The fact that [the bill’s] provisions are targeting our most at-risk children makes this retreat from human rights even more shocking.” Other legal experts, who provided testimony at a parliamentary hearing on the bill last week, cautioned that the laws might lead to unforeseen consequences for victims. They suggested that children would be less inclined to plead guilty due to the harsher sentences, potentially leading to an increase in trials and extended court delays.