Queensland government admits new bill violates human rights
The government of the Australian state of Queensland has acknowledged that proposed tougher bail rules would violate human rights and could worsen overcrowding in prisons, youth detention centres and police watch houses. The bill, titled “breach bail, go to jail”, provides for a mandatory minimum prison term of one year without parole for some people, including children aged 10 and over.
As The Guardian World reports, the bill would apply to children and adults charged with a “serious offence” while on bail, as well as to those who failed to appear in court.
Bail conditions and punishment
For children, “serious offences” would include 47 offences for which the state had previously introduced the principle of “adult crime, adult time”. They include dangerous driving, robbery and unlawful entry into premises with the commission of a criminal offence. For adults, the list additionally includes child sexual offences and coercive control.
More current news is available on the UA.News Telegram channel Telegram.
Under the bill, a person charged with such an offence while on bail would be held in custody unless a court or police officer had a high degree of confidence that they would not commit another serious offence. If convicted of the additional offence, the person would receive at least 12 months in prison without parole. This term may be served concurrently with another sentence. The provision would apply even if the person is found not guilty of the initial charge.
Human rights advocates’ objections
The government acknowledged that the initiative restricts the right to liberty, the principle that people awaiting trial should not automatically be held in custody, and children’s right to protection with regard to their best interests. Introducing the provisions requires the use of an override mechanism under Queensland’s Human Rights Act. Attorney-General Deb Frecklington explained this by the prevalence of serious repeat offences committed while on bail.
Human rights advocate and University of Queensland senior lecturer Bridget Burton said she could see no obvious exceptional circumstances that would justify such rules. According to her, mandatory sentences deprive judges of the ability to consider the circumstances of a case and may lead to harsh outcomes. Griffith University senior lecturer William Wood also said there was no convincing evidence of a strong deterrent effect from the mandatory 12-month term for young people. Queensland Premier David Crisafulli called the initiative the country’s toughest bail laws and announced plans to open additional prisons.
