Strong opposition to Queensland's proposed juvenile naming and shaming laws
Monday 30 September 2013 @ 1.27 p.m. | Crime
Queensland attorney general Jarrod Bleijie has announced an overhaul of the Youth Justice Act 1992 with proposed reforms designed to “make young offenders more accountable for their actions and help them get their lives back on track.” The announcement has led to controversy as opponents point to possible conflicts with the UN convention on the rights of the child, to which Australia is a signatory, as well as evidence that so called 'naming and shaming' laws do more harm than good.
Proposed Changes
- Public Identification - Publication of identifying details about repeat young offenders will be permitted, including throughout bail hearings, unless the court orders a publication restriction.
- Sentencing - When sentencing an adult, Courts will be able to consider an individual’s childhood criminal past, including offences without a recorded conviction.
- Breach of Bail - Breach of bail will be made an offence where a juvenile commits an offence whilst out on bail.
- The principle of detention as last resort – The principle of detention as a last resort will be revoked for all offenders, irrespective of age, providing courts with the full range of sentencing options and allowing them to make suitable and effective decisions in relation to serious and repeat offenders. The principle will also be removed from common law.
- Automatic transfer to adult prison - Young offenders will be automatically relocated to an adult correctional facility when they turn 17 if they still have six or more months of their sentence to complete. This will apply to repeat offenders and those charged with serious violent or sexual offences.
- Graffiti Crime - The penalty for serious graffiti crime will be increased from five to seven years jail.
Strong Opposition
According to the director of the Human Rights Law Centre, Hugh De Kretser, these laws are in direct violation of Australia’s obligations under the UN convention on the rights of the child. He said another concern was how excessively Indigenous people would be affected by the policy; the government should be focusing more on reducing the number of Indigenous children in prisons.
"If you are exposing children to adult prisons you are not only risking their health and wellbeing but the likelihood of reoffending increases. We should be focusing on their rehabilitation."
Deterrent or a badge of honour?
Mr Bleijie argued by naming juveniles, it would affect their future job opportunities and therefore act as a deterrent. But many, including Michael Cope, Queensland Council for Civil Liberties president, have pointed out that children are impulsive and rarely think of consequences when committing an offence. Mr Cope, referring to a 2008 NSW parliamentary report that found naming and shaming increased juvenile crime, says the government is ignoring evidence that shows the method is counterproductive.
"Most offenders treat it as a badge of honour...And in the Northern Territory, it was found kids were being harassed on the streets and schools and it prevented them from getting back on the straight and narrow. So whichever way you look at it, it has the potential to backfire."
Mr Cope instead suggested that the government should focus on assisting low income parents and improving their children's chances in life. The Queensland Law Society has also opposed the new laws, with a criminal law committee member, Kurt Fowler, saying they would marginalise juvenile offenders and their families.
"There is no evidence at all to suggest naming and shaming works in anyway as a deterrent to crime. It's not unreasonable to think they could do more harm than good."
Indeed the numbers tell a different story about whether legislation addressing the issue of juvenile crime requires overhaul. According to the children's court of Queensland the number of juvenile offenders fell by 8.6% in 2010 to 2011 and by 6.9% in the 2011 to 2012 financial year. Figures for the latest financial year are not yet available. A Bill is expected to be introduced into the Queensland Legislative Assembly early next year.
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