A recent week at a children’s court in Victoria revealed the complex and challenging landscape of youth crime, as magistrates grappled with difficult decisions regarding bail for young offenders. One notable case involved a 17-year-old who had been sentenced to a youth supervision order three times previously. Charged with assaulting a man at a motor inn, the teen’s history raised serious concerns about community safety.
The magistrate expressed frustration over the repeated offenses committed by youth offenders. The court heard that the victim, a 46-year-old man, suffered severe injuries, including a broken rib and head lacerations. Despite the teen reportedly playing a minimal role in the attack, his past behavior—using gay dating apps to target and blackmail men—was troubling. With a low IQ, autism spectrum disorder, and cognitive difficulties, the magistrate struggled with the decision to grant bail. “How can I be in any way satisfied he’s not a risk?” he questioned, acknowledging a proposal for a youth engagement program and the option of an ankle monitor. Yet, he concluded, “In my view, he is an enormous risk to the community.”
In light of increased community concern regarding youth crime, the ABC spent a week observing court proceedings, where magistrates frequently encountered cases involving repeat offenders. The court’s atmosphere shifted dramatically when high-profile incidents, like the fatal stabbings of two boys aged 12 and 15 in Melbourne, sparked political debates regarding youth crime and bail laws.
Earlier this year, the Victorian government initiated changes to the state’s bail system, with the first round of reforms passed in March. These changes emphasized community safety as the primary consideration for bail decisions and restricted remand only for serious youth offenders, breaching a United Nations convention. A second wave of changes, unveiled in July, further tightened conditions for repeat offenders and those accused of serious crimes while on bail.
Critics, including community legal groups, have raised concerns about the potential negative impact these changes could have on vulnerable young people. The Victoria’s Aboriginal Legal Service (VALS) reported a staggering 300 percent increase in young Aboriginal individuals denied bail since the first round of changes, with over 60 percent of young people in detention on remand.
Throughout the week, the court witnessed several bail applications, with only two young individuals denied bail. One case involved a 15-year-old who was already on supervised bail when he was charged with aggravated carjackings. He described a transformative experience during his 45 days in remand, expressing a desire to return home and be a better person. However, the magistrate reminded him, “I put you on a probation order and you screwed up.”
Victims also shared their harrowing experiences in court, highlighting the long-lasting effects of youth crime. One woman, Leanne Grey, recounted how her sense of safety was shattered after an armed carjacking. “This crime didn’t just take my car. It took my sense of safety, peace of mind, and my ability to live without fear,” she said.
As the court continued to hear cases involving young offenders, the narratives frequently revealed a backdrop of trauma and disadvantage. A 15-year-old First Nations boy, charged with multiple offenses, was noted to have significant medical and mental health issues. The magistrate offered him a final chance, stating, “You keep going down this path… you lose the only person you have.” He was granted bail with strict conditions.
The ongoing debates surrounding youth crime and bail laws in Victoria highlight the need for comprehensive solutions that address the root causes of youth offending, rather than punitive measures alone. National Children’s Commissioner Anne Hollonds emphasized, “Crime by children is a symptom of unmet needs and underlying issues that we are failing to address in this country.” As the situation evolves, the court remains a critical arena for discussing the balance between community safety and the rehabilitation of young offenders.
