Mandatory minimum sentences for children and adults will make Queensland less safe
Justice Reform Initiative
The Crisafulli Government's announcement of mandatory minimum sentences for adults and children is another backwards step which will drive more people into a prison system that increases the future likelihood of reoffending.
Justice Reform Initiative Executive Director Dr Mindy Sotiri said the announcement of mandatory minimum sentences of one year in prison for children and adults who commit serious offences while on bail was another example of policy built on slogans rather than evidence.
"Mandatory sentencing does not work when it comes to reducing crime," Dr Sotiri said. “While we absolutely need to take crime seriously and ensure that communities feel safe, it’s vital that we base our policy approach around the evidence on what actually works to build safer communities.
"There are plenty of jurisdictions, including the United States, where decades of this approach have shown very clearly that introducing mandatory sentencing fails to reduce crime and fails to enhance community safety.
“Mandatory minimum sentences do not operate as a deterrent because they do not address the drivers of why people are committing crime in the first place. They increase the numbers of people going to prison, which makes it more likely, rather than less likely, that people will go on to reoffend."
Dr Sotiri said the policy would be particularly damaging for children.
"Threatening harsher penalties like mandatory minimums will have no impact on crime rates for children and young people who are on bail. They are not developmentally mature enough to thoughtfully weigh up the consequences of their actions, no matter what the penalty is,” she said.
"Incarcerating more children in an overcrowded, broken system that causes enormous harm, at a point in their lives when their brains are still developing, will have a devastating impact.
"Holding children accountable for their actions should mean reducing the chances of them reoffending and creating more victims, not putting them into a system that increases the likelihood of further offences."
Dr Sotiri said the evidence on mandatory sentencing was clear and consistent.
"In the United States, studies have shown mandatory minimum sentencing has not reduced crime rates or enhanced community safety. Instead, it has worsened mass incarceration and racial disparities within the criminal justice system. Rather than acting as a deterrent, mandatory minimum sentencing has led to increased over-incarceration, which increases the likelihood of recidivism."
Dr Sotiri said the policy would add further pressure to a system already under severe strain, with children currently being held in watchhouses in appalling conditions and youth detention centres at capacity, with staff walking out due to overcrowding and unsafe conditions.
"Queensland's justice system is already stretched well past breaking point. Adding mandatory minimum sentences will only put more pressure on a system that is already failing to keep children, staff and the community safe.
“We urge the Queensland government to reconsider the evidence on what actually works to reduce crime and learn from the experience offered by other jurisdictions. We can build a system that actually prevents crime and keeps Queenslanders safe, but it means doing the work in areas like intensive bail support, early intervention, diversion, family support, community-led programs and First Nations place based programs – not simply slapping on tougher sentences.”
About us:
The Initiative respectfully acknowledges and supports the current and longstanding efforts of Aboriginal and Torres Strait Islander people to reduce the numbers of Indigenous people incarcerated in Australia and, importantly, the leadership role which Indigenous-led organisations continue to play on this issue. We also acknowledge the work of many other individuals and organisations seeking change, such as those focused on the rate of imprisonment for women, people with mental health issues, people with disability and others.
Contact details:
Pia - 0412 346 746.