The Queensland state government plans to broaden its prominent “adult crime, adult time” legislation by introducing 12 additional offenses. Recent statistics indicate that between 2015 and 2025, no minors were brought to court for charges related to aiding suicide or stupefying individuals to commit serious crimes.
Human rights organizations are urging for an independent assessment of the implications and effectiveness of these legal changes, particularly given their recent implementation. Data reveals that during the last decade, not a single juvenile faced court for either of the two offenses that the Queensland government is now incorporating into its primary adult crime framework.
The proposed legislative changes are currently under consideration in the state parliament and aim to extend the adult crime, adult time framework to include a range of new offenses. These include disabling someone to commit a serious crime, stupefying a person to facilitate an indictable offense, choking in a domestic scenario, and rioting.
Additionally, the legislation will encompass assault occasioning bodily harm that occurs in conjunction with social media publication or while armed or in a group. Other crimes being added are aiding suicide, abusing individuals with mental impairments, administering harmful substances with intent, and conspiracy to commit murder.
Data from the Youth Justice Department outlines the number of juveniles charged with these offenses from 2015 to 2025, revealing that no children were charged with aiding suicide or stupefying to commit an indictable crime during this timeframe. One juvenile was charged with administering poison with intent, two with conspiracy to commit murder, and one with disabling to commit a serious crime. Furthermore, five minors faced charges for abusing individuals with mental impairments.
The statistics do not indicate the outcomes of these charges in terms of convictions and do not account for offenses handled outside the court system. Among the 12 offenses, the most frequent charge was assault occasioning bodily harm, with 3,022 juveniles charged in this category during the decade. Additionally, 21 minors were charged with rioting, with a majority (19) occurring in 2017, and over 100 juveniles were charged with choking in domestic situations.
The government has recognized that these changes may infringe upon the Human Rights Act, particularly concerning rights to protection from cruel or degrading treatment and humane treatment while incarcerated. Officials argue that this expansion is necessary due to a significant youth crime crisis posing a threat to public safety. However, Katherine Hayes, chief executive of the Youth Advocacy Centre, contends that the data does not support claims of exceptional circumstances justifying such an override of human rights.
Ms. Hayes expressed opposition to the expansion of the adult crime, adult time laws and called for an independent review to evaluate its implications within a year to 18 months post-implementation. Youth Justice Minister Laura Gerber stated that law enforcement has been advocating for stronger regulations to enhance community safety for years. She emphasized that the adult crime, adult time framework provides law enforcement with the necessary tools to enforce accountability and improve public safety, noting a decrease in victim numbers and crime rates as a result.
The proposed expansion will also address unlawful stalking, intimidation, harassment, or abuse, with 201 juveniles charged with these offenses during the 2015-2025 period. Additionally, the legislation will include charges related to the indecent treatment of children under 12 or those with mental impairments, with 231 minors facing such charges in the last decade. The new laws will also incorporate offenses involving endangering the safety of individuals in a vehicle with intent, with 27 minors charged for this crime during the same period.
Notably, the legal definition of a juvenile offender was amended in 2018 to include 17-year-olds, who were previously categorized as adults. The revised legislation will account for attempts or conspiracies to commit offenses classified under the adult crime, adult time framework. The Youth Justice Department’s data provides a detailed breakdown of juvenile charges by year and offense, allowing for the possibility that a minor could be counted multiple times for the same charge across different years or charged with various offenses within the same year.
