The Making Queensland Safer Bill 2024 was passed on 12 December 2024 and was the centrepiece of the new Government’s election platform. There has been a large amount of commentary on these new laws and their effectiveness. However, what changes will these laws actually bring? And how will they impact people?
The flagship aspect of this legislation is that children who are charged with certain serious offences will now face the same maximum penalties as adults charged with the same offences. This means that children as young as 10 could be facing prison sentences of up to 14 years, and in some cases life imprisonment. The laws also remove the well-established principle that imprisonment and detention should be considered a last resort. Further, if a child who was convicted of any of the listed offences is being sentenced for another crime as an adult in the future, the Court will have access to, and be able to consider, that child’s criminal history.
Interestingly, the laws also aim to prevent the Court from blocking the access of media, victims and the victim’s representatives or relatives from the courtroom when the child’s case is being mentioned. Traditionally these proceedings have been in closed courts to protect the identity of the child involved. The new laws have been advertised as promoting ‘transparency’ from within the courtroom.
While polarising the community’s opinion, the effectiveness of these new laws cannot be evaluated until time has passed and they are seen in operation. What the laws do mean however, is that if a child is charged with one of the stated offences, they, or their guardians, should strongly consider seeking legal advice. At McNamara Law we can assist you in navigating the court process and understanding your options as well as the rights you have. Contact us on 1300 285 888
