A new Magistrate appointment dedicated to dealing with repeat juvenile offenders has been announced, Herald Sun 20th of January 2025.
Does this mean the Government has lost confidence in the magistracy of this State to deal with repeat offenders, or is it nothing more than a ploy to give the appearance of doing something? Given that they haven’t addressed a primary cause, the failure of legislation, this is probably only a political spin.
As they say, the proof will be in the pudding, but we are not confident that anything will change.
When reviewing this Government approach to juvenile crime, to suggest it is ‘lacklustre’ is an understatement.
More than half the Children’s Courts across the State have been closed, and weak bail laws allow juveniles to ‘give the thumb’ to authority.
A whole cohort of juvenile offenders has been excluded from the Justice system by raising the age of criminal accountability; therefore, the younger cohort offends with impunity and avoids accountability, so no intervention can occur to steer them away from joining the ranks of the repeat offenders.
The youth crime surging to a 14-year high is only the beginning, not the end; we have more pain to come. And that is the pain suffered by the victims whilst the judiciary is immune.
If the government has not lost faith in the Magistrates of this State as this appointment indicates, the public certainly has. Young thugs, by their actions, treat the Courts, at best, as an inconvenience or, more likely, a joke.
Continually, we read how young thugs are bailed for various very serious crimes that are committed while they are on bail for equally serious charges.
It is not uncommon for thugs who have been bailed on multiple occasions, sometimes 30-50 times, to be granted bail again. And that is ridiculous and unconscionable. This is aggravated by the rising age of criminality, where there is no intervention to redirect the younger juveniles but instead teaches them there are no consequences for their criminal actions.
The Government is blind or ignoring the causes; where do they think the quantitative surge in juveniles is fed from? It is the 8-12 year olds providing the impetus.
Figures previously released to the Herald Sun revealed more than 100 kids aged between 10 and 17 years old were involved in at least 30 crimes each in 2024.
That number has tripled over the last five years.
There were just 34 youths offending at a minimum of 30 crimes a year in 2019.
The 103 repeat offenders recorded last year carried out at least 3090 crimes in 2024 alone, an average of eight offences per day.- Herald Sun.
The actual number of offences committed is doubtless very much higher.
The major problem is either the structure of legislation currently in vogue or the judiciary have steered away from convention and have embarked on ideological fantasy escapade, or both, which is our pick.
It was not so long ago; Police were reporting that 30 or so prime thugs were committing the majority of the crimes. That has now not only been debunked, but the number has tripled to 103.
How the appointment of one Magistrate will rectify the anomalies of a broken judicial process is beyond comprehension.
An outstanding omission in the Government’s response was the limited reference to Victims by the Youth Justice Minister quoted as saying,
“We know there is a group of repeat offenders driving the rise in serious crimes – that’s why we’re taking action to hold them to account while offering support to help young people turn their lives around.”
Youth Justice Minister Enver Erdogan said: “This is another important step in delivering a justice system that protects the community and rehabilitates young people”.
“We want to help victims get closure by holding young people to account and helping those heading down a wrong path realise the effects of their actions.”
Minister, if you want to help victims, helping them get closure genuinely is arrant nonsense. How about first stopping the crime and the impact on victims? How about re-introducing some of the past programs, not just paying lip service to the past programs but genuinely embracing them? Why do you want to turn lives around rather than stop them from offending in the first place, which would be the sensible approach?
The key is directing young people away from crime before, not after the fact. It is called prevention.
We are seeing disturbing reports of student misbehaviour in schools, and yet the proven Police in Schools Program, Operation New Start and Blue Light, has not been embraced to deal with this; instead, a facsimile to look like the original police school program is touted but it has not been demonstrated it works. A mere shadow of the real program.
We are unsure, but the age change to criminal liability may have completely scuttled the Police Cautioning program, the real bulwark against younger children moving through the criminal spheres to become the next generation of repeat offenders. Although it can’t be quantified accurately, the Police Cautioning Program was responsible for diverting vast numbers of young people from a life of crime.
We wish the new Magistrate well but are not hopeful that she will make a scrap of difference. At the same time, the Government fails to acknowledge and address their failures in relation to Bail, other legislative blunders and Police operational failures that feed this growing problem.
With this new Magistrate’s depth of experience, she should first be tasked with reviewing the legislation to make it effective, and then she may have something to work with. Still, as the status quo continues, she has little hope of pushing back against the Restorative Justice ideology that has infected our judiciary, one of the main causes of the judicial failures.
The Courts must follow the Law, not an ideology.