Civil libertarians want Children’s Court judge to oversee youth justice review

But changes to any laws should not be the “sole preserve” of the police service and union, Queensland Council for Civil Liberties vice president Terry O’Gorman said in a statement on Wednesday.

“It is appropriate to remember that Tony Fitzgerald, QC, in his landmark report in 1989 warned against giving police a ‘favoured role’ in law reform,” he said.

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Premier Annastacia Palaszczuk has vowed to reassess current laws. On Wednesday, LNP leader David Crisafulli called for breach of bail to be restored as a criminal offence as the “first order of business” when Parliament resumed.

Police Minister Mary Ryan said this week the recent incidents highlighted “there is more to be done” and asked said all voices were being listened to.

“No one should have a monopoly on a good idea and a good idea should not be time-limited,” he said.

“So those stakeholders and non-government organisations … work with us and put forward good ideas and good strategies.”

Mr O’Gorman said rather than cabinet considering law change submissions, a retired Children’s Court judge should be tasked with gathering them from all stakeholders in the sector for review.

He added the retired judge should hear from serving judicial officers, along with prosecutors, defence lawyers, youth justice groups and neighbourhood watch committees about the operation of the existing laws — particularly in regard to bail and sentencing.

Meanwhile, the Queensland Law Society’s new president, Elizabeth Shearer, has written to Youth Justice Minister Leanne Linard saying any amendment to bail laws would have a disproportionate effect on Aboriginal and Torres Strait Island children and young people who were already over-represented in the youth justice system.

Ms Shearer noted the strong correlation between children in the child protection system and the cohort of recidivist offenders in the youth justice system. Among the her calls for reform were increasing Legal Aid and Aboriginal and Torres Strait Islander Legal Service funding.

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The society also supported suggestions from the Youth Advocacy Centre Management Committee for strong accommodation options so when a child was released on bail they were not living on the streets, and mental health, drug offending and traffic programs to address anti-social behaviour.

Ms Linard said this week the state government “intensively” engaged with the families of youth offenders and a “large amount of money” was being spent on family interventions.

Police and government data, along with criminologists and expert bodies, have previously revealed a complex picture that goes far beyond growing groups of “young thugs” roaming the streets, with the age of offenders shifting to the 25 and older age brackets.

The latest Children’s Court annual report revealed 46 per cent of all child defendants are of Indigenous descent. Earlier data from the Youth Justice Department showed more than 40 per cent of offenders had mental health or behavioural issues — one in 10 had committed 44 per cent of all offences.

Criminologists have also warned that heightened media reporting of crime, and community comments on social media, can create “vortices of anxiety” about crime levels.

With Toby Crockford