Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016

Overview

This bill raises the age of a 'child' in Queensland's youth justice system from under 17 to under 18, so 17-year-olds are treated as young people rather than adults in the criminal justice system. It also sets up transitional rules to move 17-year-olds currently in adult prisons, on remand or in adult court proceedings into the youth justice system. Queensland was the last state to treat 17-year-olds as adults, and the change aligns with national practice and the UN Convention on the Rights of the Child.

Who it affects

17-year-olds charged with offences gain access to youth courts, diversion programs and youth detention instead of adult prison, and their victims can use the restorative justice program. Queensland Corrective Services and Youth Justice must coordinate a staged transfer of existing 17-year-old prisoners and detainees.

Key changes

• 17-year-olds will be dealt with under the Youth Justice Act 1992 as children, not as adults
• 17-year-olds held in adult prisons or on remand can be transferred to youth detention centres during a transitional period
• Courts can vary existing adult sentences of 17-year-olds and substitute equivalent child sentences (for example, swapping imprisonment for detention, or parole for a supervised release order)
• Subsection 18(2) of the Corrective Services Act 2006 (keeping under-18 prisoners separate from adults) continues to apply until the last 17-year-old leaves adult custody
• The transitional regulation-making power expires 2 years after commencement, and the Act itself commences on a date fixed by proclamation (intended to be 12 months after passage)
• Driver disqualifications for Category A offences committed at 17 become Category B offences, letting some people become eligible for a licence sooner