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• The “detention as a last resort” principle will be replaced with a new clause
• The new clause will clarify a child should be detained in custody where necessary to ensure community safety
• The amendments are part of the Miles Government’s stronger laws as part of the new Community Safety Plan for Queensland

The Miles Government will introduce amendments into Parliament to clarify when a young person should be detained in custody.

The amendments will aim to clarify for the judiciary and the community that the legislature expects a child will be detained where necessary, including for community safety purposes.

The principle will be redrafted to read:

“A child should be detained in custody, where necessary, including to ensure community safety, where other non-custodial measures of prevention and intervention would not be sufficient, and for no longer than necessary to meet the purpose of detention.”

The amendments will be part of other law changes including: expanding the electronic monitoring trial, streamlining the transfer of 18 year olds into adult custody, enhancing access to Childrens Court proceedings for victims, victims’ families and the media, expanding Jack’s Law, increasing the penalty for unlawful possession of a knife, strengthening weapons licensing, increasing penalties for dangerous operation of a vehicle causing death or grievous bodily harm, new offences for ramming emergency services vehicles and endangering police, prohibiting ‘posting and boasting’ about certain offences on social media.

Attribute to Premier Steven Miles:

“Every Queenslander deserves to feel safe and be safe.

“We’ve seen a lot of misrepresentation and confusion suggesting that the courts are unable to impose detention. And I am concerned that the existing wording of the principle is undermining confidence in the laws and the courts.

“These changes will make it absolutely clear that community safety MUST be the priority for the courts.

“While prevention and intervention are essential, there are cases where detention is necessary for community safety.

“These changes will remove any doubt that detention should be used in those circumstances.

“We are clarifying the law to make it clear that community safety comes first.

“My government’s Community Safety Plan for Queensland is about delivering the evidence-based prevention and intervention services to prevent crime from occurring, while giving police the tools and laws they need to track and detain offenders.

“These initiatives have helped to deliver a reduction in overall offences by young people by 10.7 per cent this year (QPS, Q1 2024 compared to Q1 2023).

“While we know there will always be some level of crime, it’s our jobs as a government to put the plans in place to respond quickly and support those victims.”