ARTICLE
2 September 2024

Should mandatory life sentences for minors be allowed?

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O'Brien Criminal & Civil Solicitors

Contributor

O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
Some Australian states have limited or abolished mandatory life sentences for minors.
Australia Criminal Law

In Queensland, the topic of mandatory life sentences for minors convicted of murder has everyone talking. What is your opinion on this difficult debate? Human rights advocates say that the proposed Liberal National Party bill for life sentences for children would contradict Queensland's Human Rights Act.

On Sunday, opposition leader David Crisafulli discussed the "adult crime, adult time" policy at the party convention. He explained that it would serve as a deterrent for juvenile offenders. But should we give such an extreme punishment to children?

Currently, Queensland law mandates a life sentence for adult murderers. This has a non-parole period of up to 30 years. depending on the victim. In July, Crisafulli confirmed that their proposed legislation would enforce a mandatory life sentence for youth offenders convicted of murder.

Mandatory Life Sentences for Minors in Queensland, right or wrong?

Mandatory life sentences for minors convicted of murder and repeat serious child sex offences have become a contentious legal issue in Queensland. As courts question the ethical and practical implications of these life-changing sentences, the debate continues to shape the juvenile justice system in Australia.

The Rationale Behind Mandatory Like Sentences for Minors

Mandatory sentencing provisions exist to ensure serious offences are adequately punished. In addition, they also help protect the community by keeping these criminals in prison. These sentences can help alleviate some of the pain for the victim's family.

However, critics argue these laws interfere with judicial discretion. Some also say that they can lead to unfair outcomes by preventing judges and courts from considering mitigating factors.

Mandatory life sentences for minors accused of murder and repeat child sex offences

Under Queensland law, a mandatory life sentence can apply for the following crimes:

1. Murder: A person found guilty of murder must receive a life sentence. If the victim was a police officer, the minimum non-parole period is 25 years. However, for multiple murders or a prior murder conviction, the minimum is 30 years.

2. Repeat serious child sex offences: An adult convicted of a serious child sex offence after a previous similar conviction must receive a life sentence.

The Debate Surrounding Mandatory Life Sentences for Minors

Many Australians believe that mandatory life sentences deter crime and ensure justice. However, opponents counter this saying that mandatory life sentences violate human rights. How? Well, some think that they fail to address underlying youth crime issues. Basically, the reasons why that child might have committed such a terrible act.

Across the globe, international law condemns mandatory sentences for minors to life without parole. The U.S. is the only developed nation permitting this, drawing criticism from human rights groups.

The Way Forward in Queensland

Some Australian states have limited or abolished mandatory life sentences for minors. However, Queensland's laws remain in effect. As our legal system adapts, policymakers must engage in thoughtful discussions around juvenile offenders.

Instead, we also need to prioritise rehabilitation for minors. Additionally, our governments need to fund social services to prevent children from being put in dangerous and traumatic environments. This helps protect children which should reduce minors committing serious life-altering crimes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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