Introduction
Youth bail laws in New South Wales have been tweaked recently, stirring up quite the chat among legal eagles and community folks. These tweaks are crucial for young people and their families, since they shake up how things work for kids aged 14 to 18 nabbed for specific crimes. Let’s dive into what these changes mean for young ones finding their way through the justice maze.
In March 2024, the NSW Government passed the Bail and Crimes Amendment Bill 2024 in response to concerns about youth crime, particularly repeat offences in regional NSW. These proposed changes introduce a new, more stringent bail test for young people charged with serious break and enter offences or motor vehicle theft while already on bail for similar offences. This guide will provide valuable insights into the evolving landscape of youth bail laws in NSW and what these reforms mean for young people and community safety.
Overview of Changes to NSW Youth Bail Laws
The Bail and Crimes Amendment Bill 2024
The Bail and Crimes Amendment Bill 2024 is responsible for the recent changes to bail laws for young people in NSW. The NSW Government passed this bill on 22 March 2024 in response to concerns about youth crime, particularly repeat offenders aged between 14 and 18 years. This legislative amendment aims to address youth crime and support community safety, especially in regional NSW. The Minns Labor Government has emphasised the need to reform the criminal justice system to better handle repeat youth offenders and reduce crime rates.
Introducing Section 22C of the Bail Act 2013
A key component of the amendment is the introduction of section 22C into the Bail Act 2013 (NSW). This new section establishes an additional test that bail authorities must apply when considering bail applications from young people aged between 14 and 18. Specifically, this new bail test applies to young people charged with serious break and enter offences or motor vehicle theft offences while already on bail for another offence. Under section 22C of the Bail Act 2013 (NSW), bail can only be granted if the bail authority has a high degree of confidence that the young person will not commit a further serious indictable offence if released.
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The New ‘High Degree of Confidence’ Bail Test
Application to Repeat Young Offenders
The new ‘high degree of confidence’ bail test specifically applies to young people aged between 14 and 18 in NSW. This test is relevant when these young people are charged with serious break-and-enter offences or motor vehicle theft offences. Critically, it applies only when the young person is already on bail for similar offences and is seeking bail again. These proposed changes within the Bail and Crimes Amendment Bill 2024 are designed to address repeat offending by young people.
Stringency of the New Test
The ‘high degree of confidence’ test is a more stringent measure compared to previous bail laws. The NSW Law Society has highlighted that this new test is even more rigorous than the ‘unacceptable risk’ test, which is the standard test for bail decisions. It is also considered to be more stringent than the ‘show cause’ test that applies to adults in certain circumstances. Under this new test, bail authorities must have a ‘high degree of confidence’ that the young person will not commit another serious indictable offence if released on bail.
New Performance Crime Offence
Criminalising Online Posting of Offences
The NSW Government has introduced a new offence known as a ‘performance crime offence’. This new offence, detailed in section 154K of the Crimes Act 1900 (NSW), targets the online posting of certain offences. It is now illegal for young people to post images, footage, or other materials online that depict motor vehicle theft offences or break-and-enter offences. This measure is part of the Bail and Crimes Amendment Bill 2024 aimed at addressing youth crime i Wales.
Increased Penalties for Performance Crime
Committing a performance crime carries significant penalties. Individuals found guilty of this new offence will face the maximum penalty for the original, or ‘actual main’, offence. In addition to this, they will also incur an extra two years of imprisonment. This increased penalty is intended to deter young people from not only committing these offences, but also from seeking to gain notoriety or attention by posting about them online.
Potential Impact on Young Offenders and the Justice System
Increased Youth Incarceration Rates
The changes to bail laws for young people in NSW are anticipated to cause a rise in the number of young people aged between 14 and 18 held in custody while awaiting trial. This expectation arises because the new bail test, introduced through the Bail and Crimes Amendment Bill 2024, makes it more difficult for young people charged with certain offences to receive bail. The ‘high degree of confidence’ threshold that bail authorities must meet before granting bail is a stricter standard, likely resulting in fewer young people being released.
Criticisms of Increased Incarceration
Concerns have been raised regarding the potential negative effects of increased incarceration on young offenders. Evidence suggests that when a young person is held in custody, it can increase the likelihood of them committing further offences in the future. Furthermore, incarceration may negatively impact a young person’s education and can lead to more violent behaviour. Critics argue that tightening bail laws for young people may not effectively address youth crime and could have detrimental long-term social consequences for young offenders.
Criticisms and Controversies Surrounding the Amendments
Lack of Consultation and Expert Input
The NSW Government has faced criticism for introducing the new bail laws without sufficient consultation with experts. It has been argued that the changes to bail laws for young people were made without meaningful input from those with experience in youth crime and the criminal justice system. Despite claims of a cautious approach, the government has been accused of ignoring years of work by communities with on-the-ground experience. Instead of consulting experts, Premier Chris Minns reportedly conferred primarily with mayors, police area commanders, and local communities who expressed concerns about youth crime rates. This lack of expert consultation has fuelled concerns that the amendment is a misguided response to youth crime.
Concerns from Legal and Community Organisations
Several legal and community organisations have voiced strong concerns regarding the tightening bail laws for young offenders. The NSW Law Society has described the changes to bail laws as a retrograde step, particularly concerning young Aboriginal children. Organisations like the Aboriginal Legal Service have expressed devastation at the NSW Government moving forward with these changes, arguing that such knee-jerk reactions will make communities more dangerous. It is argued that remanding youth has been proven to increase re-offending, effectively encouraging crime rather than reducing it. These organisations contend that the Minns Labor Government has ignored evidence and expert advice, choosing a “tried and failed” approach to address youth crime.
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Conclusion
Recent amendments to youth bail laws in NSW represent a significant shift in the criminal justice system for young people aged between 14 and 18. The Bail and Crimes Amendment Bill 2024, introducing section 22C of the Bail Act 2013 (NSW), brings a more stringent ‘high degree of confidence’ bail test for young offenders charged with serious break and enter offences or motor vehicle theft offences while already on bail. These proposed changes are anticipated to increase youth incarceration rates and have sparked criticisms regarding their effectiveness in addressing youth crime and their potential negative impact on young people.
Understanding these new bail laws is crucial for young people and their families in Wales. If you or someone you know is affected by these changes to bail laws, it is important to seek legal advice to fully understand your rights and options. Daoud Legal possesses unparalleled expertise in navigating the complexities of youth bail law and the broader criminal justice system, and our team is ready to provide guidance and support to ensure the best possible outcome in your situation Contact us today for a consultation.