Chief Minister Lia Finocchiaro (right) standing beside Declan Laverty’s grave. The son of Samara Laverty (left) was murdered at work by someone out on bail for violent offending. Photos: Facebook.
The new Country Liberal Party Government will next Tuesday (15 October) introduce Declan’s Law and a raft of other justice reforms that formed the crux of its successful electoral agenda.
Chief Minister Lia Finocchiaro said her government wanted the NT to have a presumption against bail for adult and youth (10-17 years of age) serious violent offenders, regardless of whether a weapon was involved.
“Breach of bail will become an offence for all, and electronic monitoring will be mandatory for the few repeat serious offenders who are still granted bail,” she said.
“We will make it quicker and easier for police to use handheld knife scanners known as ‘wands’.
“Community safety is my government’s No.1 priority. Territorians have given us a very clear job to do, and we are getting it done.
“We have a clear mandate to deliver this reform, and we make no apologies for delivering it.”
Under the proposed amendments, examples of a ”serious violent offence” include possessing a dangerous drug, escaping lawful custody, stealing, threats to kill, recklessly endangering life, assault and sexual crimes.
There will be a presumption against bail for anyone found guilty of two or more ‘’serious offences’’ in the previous two years, and those who are alleged to have committed a serious offence while on bail for a serious offence.
Police will have a simpler approvals process for the use of hand-held scanners (wands). It gives them authority to use them in more public places such as public transport and schools, not just high-risk areas, for longer periods (from 12 to 72 hours).
The legislation also reinstates breach of bail as an offence for youths aged between 10 and 17.
And for the first time, electronic monitoring for repeat serious offenders who are granted bail will be mandatory.
The Chief Minister (right) recently announced with Senator Jacinta Price (left) that the senior vice-president of the NT Police Association, Lisa Bayliss, will contest the seat of Solomon at the upcoming federal election.
Nearly two weeks ago (26 September), a stolen Nissan Qashqai rammed a police car as officers travelling in a different car had rocks thrown at them. Chief Minister Finocchiaro used the story, which went viral around the nation, to highlight the importance of her government’s criminal justice efforts.
“We will back the Territory’s police with the laws they need to do their job,” she said.
Her new government’s enormous legislative agenda will also include its promised ”ram raid” and ”posting and boasting” laws.
Police will be able to charge offenders for up to 10 years if they have stolen a vehicle and used it as a weapon to damage property or gain entry to a building. They will also clamp down on any person who promotes a certain crime or criminal activity by sharing it online, with a penalty of up to two years’ jail.
Following the election, Chief Minister Finocchiaro also pitched her support for the NT to return the age of criminal responsibility down to 10.
In 2022, the NT became the first jurisdiction in Australia to raise the age of criminal responsibility to 12. After hearing of this promise, Law Society NT president Richard Henschke urged the newly elected government to reconsider this step.
“This comes at a time when the other Australian jurisdictions are considering policy reforms which will raise the age,” he said. “As such, the society strongly urges the government to reconsider this step.
“Criminalising the behaviour of children as young as 10 years old by subjecting them to the youth justice system, including incarceration, is unacceptable and has been proven not to have any positive outcomes either for the child or the community generally.”
Instead, the society suggested the government consider the recommendations made by the National Children’s Commissioner in her recent report, which strongly advocates for the age of criminal responsibility to be raised to 14.
