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80% of young people refused bail is a poor test for reducing crime

Australian Greens

The Minns Labor Government has announced that temporary youth bail law changes will be extended from 12 months to 4 years, with data showing 80% of young people charged with certain offences have been refused bail since March last year. The youth bail law changes were opposed by civil society organisations in March last year, including the NSW Bar Association, the Law Society of NSW, and the Aboriginal Legal Service.

Greens MP and spokesperson for justice Sue Higginson said “It’s entirely unsurprising that young people being denied bail for certain offences has shot up to 80%, that’s exactly what Premier Chris Minns wanted these laws to do and he knew it would mean more young people in prison,”

“When the Minns Labor Government introduced knee jerk youth bail changes to the NSW Parliament last year, the move was condemned by legal and youth justice advocacy organisations across NSW. The changes were not designed to reduce crime, they were only designed to make the Government appear tough on crime,”

“The commitment of additional funds by the Minns Labor Government for support and diversion programs, particularly to Aboriginal Controlled Organisations, is very welcome and long overdue. However, the Minns Labor Government’s response is wrongly based on the further criminalisation of young people through police led operations, over policing, the refusal of bail and incarceration, further entrenching cycles of criminality which undermines all of the community’s good work. It is the antithesis of community led initiative and response, actual diversion from the criminal justice system and therapeutic responses, which we know is what’s needed to actually prevent the behaviours that led to offensive behaviour,”

“Both the Bar Association and the Law Society wrote to the Government when these changes were introduced, calling for them to be withdrawn or amended – Premier Minns ignored those calls and pushed ahead regardless. 12 months later, we are in exactly the situation that the Premier was warned about, more young First Nations people in prison, and no clear reduction in the rate of offending,”

“These laws operate contrary to international agreements and NSW law on the treatment of young people. They intentionally target vulnerable young people and apply a harsher penalty to children over adults – it was unacceptable then and it’s unconscionable that Premier Minns is now going to extend it for three years,”

“The Government is driving higher crime rates and higher recidivism through this populist law and order agenda, that’s what the evidence tells us. I am concerned that he is now throwing more money into a system that simply will not work and the community and all of the incredibly hard working carers and service providers will be blamed. The only way to truly reduce crime is to invest in diversionary programs and keep young people out of the criminal justice system wherever possible,” Ms Higginson said.

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