Youth bail law reforms: a backwards step

12/03/2025

Treating children like adults when making decisions on bail will lead to more children being entrenched in the criminal justice system with an increased likelihood of reoffending, says the Australian Lawyers Alliance.

“These proposed bail law reforms are an alarming backwards step that ignores local and international human rights principles and will not work to make the community safer,” says Greg Barns SC, national criminal justice spokesperson, Australian Lawyers Alliance.

“The government needs to be investing in intensive support to reduce the risk of offending and addressing the real cause of youth crime.

“Taking a ‘tough on crime’ political response to youth offences will not make our communities safer but it will result in more vulnerable children being entrenched in the criminal justice system and becoming locked into a dangerous cycle of disadvantage.

“All the research that has examined the impact of detention on children and youth tells us that reoffending rates are between 70 to 90 per cent. Furthermore, the risk of mental illness increases when children are in detention and educational progress is effectively stopped.

“This legislation will also cost taxpayers dearly. Locking up a child is significantly more expensive than community-based diversion programs. Then there is the cost to the community of increased crime, the need for an increase in mental health services, and the issue of young people emerging from detention not prepared for post-secondary education and the workforce.”

The Australian Lawyers Alliance noted that in recent years Victoria`s bail laws have been revised several times.

“Reviewing and changing the bail laws again so soon after previous reforms have been made means previous changes have not yet had time to have any impact,” said Mr Barns SC. “The Victorian government should instead be looking hard at what is causing offending and investing more in support programs to minimise reoffending."