The CLP’s Declan’s Law legislation has tonight been passed in Parliament.
Chief Minister Lia Finocchiaro said it was an historic moment to pass the legislation, which was designed after the stabbing murder of 20-year-old Declan Laverty at his workplace in March last year.
Declan’s mother, Samara, courageously sat inside the parliamentary Chamber as the laws were introduced, debated and passed.
Under Declan’s Law, there will be a presumption against bail for youth and adult serious violent offenders, regardless of whether a weapon is involved.
Breach of bail will become an offence for all, and electronic monitoring will be mandatory for the few repeat serious offenders who are still granted bail.
The laws will also give police more powers to scan for weapons, known as ‘wanding’.
“Samara Laverty’s son, Declan, was murdered while at work, at the hands of someone out on bail for violent offending,” said Mrs Finocchiaro.
“His death should never have happened, and the community demanded action. It’s taken the new CLP Government to deliver it.
“While the passing of Declan’s Law does not bring Declan back, we hope these laws give Samara and Declan’s wider family some solace in the fact they will make the Territory a safer place.”
Ms Laverty said Declan’s Law would help save other families going through the heartache of losing a loved one under similar circumstances.
“I could not have fought so hard for Declan without the constant and sheer unwavering support of my daughter, Declan’s baby sister, Bridget,” said Ms Laverty after the laws were passed.
“She has been there for me every single step of the way. She is as much to thank for (Declan’s Law) as my fight has been.
“I never want another family to experience what we have.
“These new laws could not have happened without the community coming together to help make the Territory a safer place and, for that, I will be forever thankful.
“The passing of this legislation is a turning point for the Territory, which will become a safer, happier, and more peaceful place.”
DECLAN’S LAW DETAILS
The bail amendments include:
Removing the existing requirement for use, or threatened use, of a weapon for there to be a presumption against bail.Expanding the presumption against bail to include youths (10-17 year old).Under the proposed amendments, examples of a ‘serious violent offence’ include threats to kill, recklessly endangering life, assault offences, and sexual offences.Any breach of bail will also be an offence. The legislation reinstates breach of bail as an offence for youths.There will be a presumption against bail for anyone found guilty of two or more ‘serious offences’ in the previous two years, and those that are alleged to have committed a serious offence while on bail for a serious offence.Examples of a ‘serious offence’ include possessing a dangerous drug, escaping lawful custody and stealing.Mandatory electronic monitoring for repeat serious offenders who are granted bail. Previously, this was not a mandatory condition for the court to impose.
The knife crime amendments include:
A simpler approvals process for the use of hand-held scanners (wands).Police can use wands in more public places, not just high-risk areas, including public transport and schools.Increased duration of authorised use of a wand in a public place from 12 hours to 72 hours.
