Changes are coming to the way that youth are interrogated in the Northern territory. The proposed reforms from the Northern Territory government will allow children to be detained in police watch houses for up to 48 hours and expand police questioning powers. This is part of a continuing trend towards harsher treatment of children in the legal system.
The changes have caused serious concern from legal practitioners, human rights activists, and community organisations. For families, these reforms raise important questions about children’s rights, the limits of police powers, and the conditions in which young people are detained.
Extended detention of children in police watch houses
Under the proposed changes, children may be held in police watch houses for up to 48 hours in certain circumstances. This extends the current approach, as existing law requires that children be released or brought before the court within 24 hours. This can only be extended if the judge grants an extension.
Watch houses are designed as short-term holding facilities, primarily for adults in police custody. Concerns have long been raised about their suitability for children, particularly in relation to safety, welfare, and access to support services.
The extension of detention periods increases the likelihood that children will remain in environments that are not designated to meet their development or psychological needs. Legal and advocacy grounds have repeatedly raised concerns about the conditions in watch houses where children are held. These concerns include reducing contact with family members and exposure to adult detainees in some circumstances. For vulnerable young people, detention in these environments can have lasting impacts.
Expanded police questioning powers
These reforms also broadened the circumstances in which police may question children. Under the proposed framework, police may interview a child if they believe the child has knowledge relevant to an offence or if there is an urgent public safety concern. These interviews can be undertaken without an adult present in serious and urgent matters.
While authorities maintain that the right to silence will be preserved and that participation in questioning is voluntary, concerns have been raised about the practical reality of these interactions.
Most concerns about these reforms centre on the pressure they will place on children to speak in high-stress environments. Additionally, there is a risk of unreliable or misunderstood statements.
The proposed reforms are challenging the effectiveness of legal rights for children in custody.
There is concern that the reforms may risk disproportionately impacting Aboriginal children who are already overrepresented in the youth justice system. If implemented, understanding legal rights in these situations.
NSW Doli Incapax Changes
In NSW, major reforms to youth criminal law were formally introduced, impacting the doctrine of Doli Incapax.
The doctrine of Doli Incapax applies to children aged between 10 and 13 and presumes they are incapable of criminal responsibility unless the prosecution proves otherwise. Children under 10 cannot be criminally held responsible under any circumstances.
The new legislation now clearly outlines:
- children under 10 remain incapable of criminal responsibility;
- children aged 10 to 13 are presumed not to be criminally responsible unless the prosecution proves otherwise beyond a reasonable doubt; and
- the prosecution must prove the child knew their conduct was “seriously wrong” at the time of the alleged offence.
You can read more about the Doli Incapax changes in NSW here.
Adult crime means adult time, QLD
Similarly, you can see the harsher penalties placed on children by the controversial Making Queensland Safe Bill 2024. This bill introduced major changes to the sentencing of young offenders.
The reforms mean that children convicted of certain serious offences may now receive the same mandatory minimum penalties as adults.
Courts now have limited discretion in sentencing children and cannot impose a sentence below the mandatory minimum.
This reflects a broader shift towards stricter approaches for youth across Australia.
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