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Youth Bail Law Extension Sparks Outcry Over Rising Incarceration Rates

Youth Bail Law Extension Sparks Outcry Over Rising Incarceration Rates
By Ian Rogers
The Minns Labor Government has extended its controversial youth bail law changes from the initial 12-month period to four years. Since the changes were introduced in March last year, 80% of young people charged with certain offences have been refused bail, a move that has drawn sharp criticism from legal and civil society groups.
The changes were opposed at the time by organisations including the NSW Bar Association, Law Society of NSW, and the Aboriginal Legal Service, who warned they would lead to more young people being incarcerated without addressing the root causes of crime.
Greens MP and justice spokesperson Sue Higginson slammed the decision, describing it as a “knee-jerk reaction” with damaging consequences.
“It’s entirely unsurprising that the rate of young people being denied bail has shot up to 80%—that’s exactly what Premier Chris Minns intended with these laws,” Ms. Higginson said. “These changes weren’t designed to reduce crime; they were purely aimed at making the government look tough on crime.”
Increased Criminalisation and Over-policing
Ms. Higginson welcomed the government’s commitment to increase funding for support and diversion programs, particularly those run by Aboriginal Controlled Organisations, but said the broader strategy is flawed.
“The problem is the Minns Labor Government is pursuing a response rooted in further criminalisation of young people—through police-led operations, over-policing, refusal of bail, and incarceration,” she said. “This approach entrenches cycles of criminality and undermines the positive work being done by communities. What’s needed are community-led, therapeutic responses that actually address the behaviours behind offending.”
Ms. Higginson pointed out that legal organisations had warned the government from the outset about the consequences of these changes.
“The NSW Bar Association and Law Society of NSW called for these laws to be withdrawn or amended. But the Premier ignored those warnings and pushed ahead. Now, 12 months later, we find ourselves exactly where they predicted—more young First Nations people in prison and no clear reduction in offending.”
Contrary to International Standards
Ms. Higginson highlighted that the laws violate international agreements and NSW laws on the treatment of young people, imposing harsher penalties on children compared to adults.
“These laws were unacceptable when introduced, and it’s unconscionable that Premier Minns is now extending them for another three years. They intentionally target vulnerable young people, especially First Nations children, further entrenching inequality and cycles of reoffending,” she said.
Populist Policies Lead to Higher Recidivism
Ms. Higginson argued that the government’s focus on punitive measures rather than prevention will drive up both crime rates and recidivism.
“The evidence is clear—this populist law-and-order agenda doesn’t work. Throwing more money at a broken system will only fail communities and service providers who are working tirelessly to help vulnerable young people,” she said. “The only way to reduce crime is to invest in diversionary programs and keep young people out of the criminal justice system wherever possible.”
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