Queensland’s new premier is keeping his pre-election promise to introduce laws to jail children who commit “crimes against adults” for “adult sentencing”, with legislation being drafted this year moment.

What do these laws mean?

It might be helpful to start with a hypothesis.

The minimum age of criminal responsibility in Queensland is 10 years.

So, under these new laws, a 10-year-old child who commits murder will be liable to life imprisonment.

In Queensland, this represents a non-parole period of 20 years behind bars.

Loading…

Here’s how the new Minister of Health, Tim Nicholls, explained this hypothesis last month:

Mr Nicholls added that “in reality” the laws would be aimed at people aged in their late teens “who are repeat offenders”.

Recent high-profile sentences handed down to juveniles convicted of murder in Queensland range from 10 to 15 years’ imprisonment, each with varying circumstances and parole eligibility.

How did we get here?

Law and order dominated the Queensland state election campaign.

It was a contest the LNP won convincingly thanks to support for the party’s stance on crime.

The party’s policy of “adult crime, adult time” was featured on billboards across the state.

The policy is part of the LNP’s wider Making Queensland Safer plan.

This includes creating diversion programs for youth, removing the concept that detention should be used as a last resort, and placing a focus on victims in the criminal justice system.

What will change?

New Prime Minister David Crisafulli said the punishment for juveniles would be changed for five offenses, including:

• mandatory minimum sentences for murder

And he says the “base threshold” of penalties should be increased to:

• manslaughter
• illegal injury
• aggravated break and enter offenses
• and motor vehicle theft

Will these laws make Queenslanders safer?

It’s controversial, but Mr Crisafulli says it will be.

“Because I map offenses and see that once an offender turns 18, in many cases the stricter laws act as a deterrent and there is less chance of committing an infraction.”

At the same time, experts emphasize that harsher sanctions are not effective in reducing recidivism among young people.

Groups including human rights organizations and the Queensland Law Society are unhappy with the proposal.

Queensland Law Society president Rebecca Fogerty says the state already has some of the strongest youth justice laws in the country.

She says the new laws constitute “a dysfunctional slogan that dehumanizes children and does not represent good law in accordance with established empirical evidence.”

Fogerty is also concerned about how quickly the proposed laws will be passed.

Is it normal for laws to change so quickly?

Not really. The new government is expected to sit for two weeks before the end of the year.

This means that experts and stakeholders will have about a week to review the proposed bill before it is passed.

Graeme Orr, a law professor at the University of Queensland, says new laws – especially controversial ones – are typically considered by committees for six weeks before being passed.

According to him, it is during this period that the downstream consequences of the laws could be identified.

“For example, we need to think about resources for detention centers, police practices and prosecutions,” explains Professor Orr.

Why this rush?

Mr. Crisafulli says he promised crime victims he would act quickly.

This includes Victor White, whose wife Vyleen was allegedly murdered this year. Mr. Crisafulli says it was Mr. White who coined the term “adult time.”

“I’m not going to Christmas and see a generation of Queenslanders exposed to any consequences for their actions,” Mr Crisafulli said.

Does this have an impact on human rights?

Crisafulli says any departure from the state’s human rights law would be explained in the bill’s statement of intent.

This is the introduction to the laws detailing their content, which has not yet been published.

Loading…

Amnesty International says the proposed laws would violate international human rights standards.

The organization’s indigenous rights campaigner, Kacey Teerman, called on the government to “ensure that the youth justice policies it adopts do not violate human rights.”

What does the opposition say?

The Labor Party is still regrouping after its election defeat.

Former prime minister Steven Miles said the party did not yet have a formal position on the laws.

But he says the LNP government has a strong mandate.

“I don’t think you should expect us to oppose what was clearly the policy they adopted in the election.”