Declan's Law Proposed for Community Safety

NT Government

The CLP Government has today introduced Declan's Law legislation into Parliament as shocking new figures highlight the need for major bail reform in the Northern Territory.

Chief Minister Lia Finocchiaro revealed more than half of offences committed by youths in a 12-month period in the Territory were committed by youths on bail.

"From July 2023 to June 2024, adults were charged offences 9,974 times," said Mrs Finocchiaro.

"Of these, 1,188, or 12 per cent, involved offences allegedly committed by adults on bail.

"What is most disturbing is that youths were charged with offences 1,411 times during this period.

"Of these, 743, or a staggering 53 per cent, involved offences allegedly committed by youths on bail. This should send chills down the spine of every Territorian.

"In total, 1,931 offences were committed by youth and adults on bail, which is an average of more than 37 offences per week. These are 1,931 offences that could have been prevented if the former Labor government had stronger bail laws."

Under Declan's Law, there will be a presumption against bail for youth and adult serious violent offenders, regardless of whether a weapon is involved.

"Samara Laverty's son, Declan, was murdered while at work, at the hands of someone out on bail for violent offending," Mrs Finocchiaro said.

"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. These figures show just how much the Labor government has let down Territorians and we will continue on our promise to deliver in the first sittings of the Parliament.

"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."

This week, Mrs Finocchiaro will stand side-by -side with Declan's mother, Samara, as the legislation is introduced and passed.

Ms Laverty said the legislation would save other families from going through the heartache of losing a child under similar circumstances.

"Losing Declan under the circumstances we did was tragic, and I never want another family to experience what we have," she said.

"These new laws could not have happened without the community coming together to help make the Territory a safer place and, for that, I will be forever thankful.

"This legislation is a turning point for the Territory, and it will improve community safety for everyone."

DECLAN'S LAW DETAILS

The bail amendments include:

Removing the existing requirement for use, or threatened use, of a weapon for there to be a presumption against bail.Expanding the presumption against bail to include youths (10-17 year old).Under the proposed amendments, examples of a 'serious violent offence' include threats to kill, recklessly endangering life, assault offences, and sexual offences.Any breach of bail will also be an offence. The legislation reinstates breach of bail as an offence for youths.There will be a presumption against bail for anyone found guilty of two or more 'serious offences' in the previous two years, and those that are alleged to have committed a serious offence while on bail for a serious offence.Examples of a 'serious offence' include possessing a dangerous drug, escaping lawful custody and stealing.Mandatory electronic monitoring for repeat serious offenders who are granted bail. Previously, this was not a mandatory condition for the court to impose.

The knife crime amendments include:

A simpler approvals process for the use of hand-held scanners (wands).Police can use wands in more public places, not just high-risk areas, including public transport and schools.Increased duration of authorised use of a wand in a public place from 12 hours to 72 hours.

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