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Australian state proposes legislation that could jail children as young as 10 for life

November 29, 2024

13:00

Australian state proposes legislation that could jail children for life, sparking widespread criticism

In a move that has ignited fierce debate about juvenile justice and human rights, Queensland’s Liberal National Party has introduced a contentious bill that would dramatically reshape the state’s approach to youth crime, potentially sentencing children as young as 10 to life in prison.

Premier David Crisafulli unveiled the “Queensland Safer” bill on Thursday, his government’s first piece of legislation since winning the election. “The legislation will serve as a deterrence to crime. They will reduce the number of victims,” Crisafulli declared, defending the government’s “adult crime, adult time” approach.

Unprecedented legal discrimination

Based on the government’s statement of compatibility with human rights, the bill will disproportionately affect Aboriginal and Torres Strait Islander children, who are already overrepresented in the criminal justice system.

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Attorney General Deb Frecklington conceded that the bill may increase the number of children in state watch houses, resulting in “limitations to the protection from cruel, inhuman or degrading treatment” and undermining their right to humane treatment.

“The amendments will treat children less favorably than adults in the same circumstances and therefore directly discriminate on the basis of age, limiting their right to enjoy their right to liberty without discrimination, their right to equal protection of the law without discrimination and their right to equal and effective protection against discrimination,” the statement says.

Voices of opposition

Prominent critics have roundly condemned the proposed legislation. Queensland’s human rights commissioner, Scott McDougall, described the bill as evidence that society has “lost its way,” particularly criticizing the prospect of life sentences for children “who still have their baby teeth.”

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“Watchhouses are not appropriate or humane places in which to detain children (particularly for any lengthy period of time),” noted Attorney General Deb Frecklington, acknowledging the potential negative impacts of the bill.

Expert Warnings about counterproductive approach

Criminologist William Wood from Griffith University provided a stark warning about the potential consequences. “Detention and prisons don’t reduce crime; they produce crime,” he stated, emphasizing that imprisonment tends to make children “tougher” rather than rehabilitate them.

The bill raises significant legal and ethical questions, potentially violating the principle of detention as a last resort. Human rights organizations, lawyers, and experts have unanimously condemned the proposed legislation as fundamentally unjust.

Next steps

The bill will undergo eight days of parliamentary committee review before returning to parliament in December for a final vote. The intense scrutiny and widespread opposition suggest a challenging path forward for the controversial legislation.

A crossroads for juvenile justice

Queensland finds itself at a critical juncture, weighing punitive measures against rehabilitation, with the proposed bill representing a potentially dangerous shift towards treating children as adults within the criminal justice system.

As the debate continues, the fundamental question remains: Can a society truly address youth crime by treating its youngest offenders with maximum severity?