Key Takeaways
- The Victorian parliament has passed a bill that allows children aged 14 and above to face adult sentencing in an adult court for violent crimes.
- The bill increases the likelihood of jail time as a punishment for certain crimes, including aggravated home invasion, home invasion, and intentionally causing injury in circumstances of gross violence.
- The government has defended the bill, citing rising crime rates and the need to prioritize the impact of violent crime on victims.
- Multiple MPs and experts have voiced their opposition to the bill, arguing that it will cause more damage to at-risk youth and reduce their chances of rehabilitation.
- The bill has been criticized for being incompatible with UN conventions and Victoria’s charter of human rights.
Introduction to the Bill
The Victorian parliament has passed a controversial bill that allows children aged 14 and above to face adult sentencing in an adult court for violent crimes. The Justice Legislation Amendment (Community Safety) Bill passed its third and final reading in the upper house by 30 to eight votes after extensive debate. The bill has been met with opposition from multiple MPs and experts, who argue that it will cause more damage to at-risk youth and reduce their chances of rehabilitation.
Changes to Sentencing
The bill allows for children aged 14 and above to face adult sentencing in an adult court for violent crimes, increasing the likelihood of jail time as a punishment. The crimes that will be affected by the bill include aggravated home invasion, home invasion, intentionally causing injury in circumstances of gross violence, recklessly causing injury in circumstances of gross violence, aggravated carjacking, carjacking, and serious and repeated aggravated burglary and armed robbery. Previously, these offenders would face a Children’s Court without a jury, where the maximum length of a jail sentence is three years for any offence. Now, their cases will be heard in the County Court, with the new laws further escalating the punishment for these offences.
Impact on Youth
The bill has been criticized for its potential impact on at-risk youth. Multiple MPs and experts have argued that the bill will cause more damage to at-risk youth and reduce their chances of rehabilitation. Legalise Cannabis Victoria MP David Ettershank said that studies had already shown that young people in long-term incarceration suffered poorer outcomes by being isolated from their communities, had mental health problems, and struggled to form healthy relationships. The Victorian Equal Opportunity and Human Rights Commission said that treating children as adults was inconsistent with well-established evidence on child development and disproportionate to the circumstances of youth offending.
Incompatibility with UN Conventions and Human Rights
The bill has been criticized for being incompatible with UN conventions and Victoria’s charter of human rights. The Victorian Equal Opportunity and Human Rights Commission said that the bill was incompatible with the Victorian Charter of Human Rights, which required age-appropriate justice responses that promoted wellbeing and rehabilitation. Commissioner Ro Allen said that the bill would negatively impact already marginalized communities, including First Peoples, racialized communities, and children with mental health issues who are already overly represented in detention centers.
Government Defense
The government has defended the bill, citing rising crime rates and the need to prioritize the impact of violent crime on victims. Corrections Minister Enver Erdogan said that the government had heard from police, victims, and the community that children did not respect boundaries because there was no fear of the consequences. The government has also argued that the bill is necessary to address an overwhelming number of victims and a lack of consequences.
Opposition to the Bill
Multiple groups have expressed opposition to the bill, including the Victorian Equal Opportunity and Human Rights Commission, the Youth Advocacy Centre, and former NSW magistrate David Heilpern. These groups have argued that the bill will not reduce youth crime and will instead cause more damage to at-risk youth and reduce their chances of rehabilitation. They have also emphasized the need for resources to be poured into areas like welfare, mental health, and drug and alcohol counseling.
Conclusion
The passage of the Justice Legislation Amendment (Community Safety) Bill has been met with controversy and opposition. While the government has defended the bill, citing rising crime rates and the need to prioritize the impact of violent crime on victims, multiple MPs and experts have argued that it will cause more damage to at-risk youth and reduce their chances of rehabilitation. The bill’s incompatibility with UN conventions and Victoria’s charter of human rights has also been criticized. As the bill comes into effect, it remains to be seen whether it will have the desired impact on reducing youth crime or if it will instead exacerbate the problem.