Fears Qld bail laws will clog up legal system as victims praise tough approach
A highly regarded Queensland silk fears it's a turning point in the wrong direction for Queensland while victims of crime say their cries have been heard.
The Queensland government's breach bail, go to jail laws have passed parliament, in what the LNP says is the biggest overhaul to bail laws in the state's history.
But a highly regarded Queensland silk fears it is a turning point and not in the right direction.
"I wonder whether we will look back [on these laws] and say that we've paid too high a price," barrister Laura Reece KC said.
The laws introduce a standalone offence for breaching bail and carry a maximum sentence of three years in jail, and a mandatory minimum of 12 months.
It also includes the introduction of a new test, requiring courts or police to deny bail unless they are satisfied "to a high degree of confidence" that a person will not reoffend.
The new offence and new bail threshold apply to youths who commit, or are charged with, an adult crime, adult time offence, with additional offences captured for adults.
Ms Reece said the mandatory sentencing is a major concern.
"One of the one of the things about the criminal justice system that's probably not well understood … is that it relies on people pleading guilty; the vast majority of people plead guilty," she said.
Ms Reece said this is because there's an incentive for them to do so, because a judge can take into account an early plea of guilty when sentencing an offender.
"With this kind of change, you remove any incentive to plead guilty," she said.
Attorney-General Deb Frecklington told parliament defendants would continue to decide how to conduct their matter based on a range of considerations, with a mandatory sentence "just one part".
Legal bodies across the state raised concerns about the bill in submission, fearing the laws will clog up the courts, prisons and detention centres.
"We're going to see at every level of our court system a significant uptake in matters that they're having to deal with," Ms Reece said.
But victims of crime have lauded the laws believing they are long overdue.
Cindy Micallef, the daughter of Vyleen White who died after she was stabbed by a teenager outside an Ipswich shopping centre, sat in the gallery of state parliament while the laws were debated on Thursday.
"For me, it's the cries of Queenslanders that have been ringing for years, are getting heard and actioned," she said.
"This is for all victims of crime; this is how we move forward."
Ms White's husband, Victor White said he does not agree with the arguments of experts.
"The experts don't sit in my shoes, [they] didn't bury my wife," he said.
Concerns over impact on rehabilitation
Youth Advocacy Centre chief executive Katherine Hayes said it will cause more children, who could have been rehabilitated, venture down a life of crime.
"Already, kids aren't getting the rehabilitation that they need," she said.
Ms Frecklington told parliament on Thursday night that the government was investing $560 million in early intervention, crime prevention and rehabilitation programs.
"Our new laws go hand in hand with our initiatives to address crime, reduce the number of victims and address safety," she said.
Ms Reece called for policymakers to consider the impact on juveniles, who are often themselves victims of crime or domestic violence.
"It's very easy to demonise children and adults who are in the criminal justice system," she said.
"But it's actually quite easy to end up in that system. And it will become much, much easier [now that these laws have passed.]"

