Queensland’s Coalition Opposition has announced plans to sentence children found guilty of serious crimes, including murder, manslaughter, and robbery, as adults.
It has promised to legislate the policy if it wins the state election in October.
However, some legal experts and advocacy groups have questioned whether the proposed “adult crime, adult time” policy would violate human rights laws.
Here’s what you need to know.
Context
Children under the age of 10 cannot be held criminally responsible in Queensland.
For children between 10-14 -years-old, prosecutors must prove they were capable of understanding what they were doing was wrong.
17-year-olds in Queensland were tried as adults until 2018 before legislation was amended to reflect the laws in the rest of country.
In Queensland, murder carries a mandatory sentence of at least 20 years in prison followed by lifetime parole. Under the Opposition’s proposal, children could receive this sentence.
Child rights
Qld’s Labor Government has previously been accused of contradicting human rights laws over its response to youth crime.
For example, last year it passed amendments allowing children to be kept in police watchhouses “even if it would not be compatible with human rights”. The same year, it passed a bill to allow children who breach bail conditions to be charged as an adult.
The state’s Human Rights Act says children in the criminal justice system must be “treated in a way that is appropriate for the child’s age.”
Coalition
Qld’s Liberal-National Opposition does not have enough seats in the state’s one house of Parliament to pass the legislation.
However, it’s promised to push forward with the reforms if it wins the October state election.
It said its proposal is about reducing youth crime rates and deterring future offenders. “If you commit a serious crime, you will pay with adult time,” it said.
Opposition Leader David Crisafulli said the legislation will strengthen decades of “watered-down” youth crime laws.
“Youth criminals have been running riot through our communities, knowing there are no consequences and little punishment for serious crime,” he said.
State Government
The State Government has announced its own community safety plan ahead of this year’s election.
Premier Steven Miles said the strategy prioritises “evidence-based prevention and intervention services to prevent crime from occurring.”
“Crime and its causes are complex — often stemming from experiences of domestic violence, homelessness, disengagement from education, poor mental health and lack of family support,” Miles said.
