The Minns Labor Government has moved to extend the strict bail test that applies to young people accused of stealing cars and breaking into homes, amid ongoing concerns about youth crime.
An additional test under section 22C of the Bail Act 2013 was introduced by the government last year in response to rising community concerns about youth crime, particularly in the regions.
It applies to young people aged between 14 and 18 who are charged with certain car theft or serious break and enter offences while on bail for another offence of that type.
Under the law, bail must not be granted unless the bail authority has a 'high degree of confidence the young person will not commit a serious indictable offence while on bail' subject to any proposed bail conditions.
The section was originally intended to sunset after 12 months and would have ceased operation on April 4, 2025. However, legislation introduced today will extend it for three years to April 2028.
Early data shows the strict test is working, with the bail refusal rate under 22C more than double that of the general bail refusal rate for young people charged with similar offences.
The impacts of the section 22C amendment would continue to be evaluated throughout the three-year extension.
This extension would help keep the community safer while the government continues efforts to reduce youth crime and minimise young peoples' long-term contact with the criminal justice system.
The Minns Labor Government last year announced a $26.2 million community safety package, including:
- Expansion of NSW Police-run Youth Action Meetings.
- Expansion of the Youth Justice NSW Safe Aboriginal Youth Patrol Program.
- Additional funding for a targeted response in the town of Moree and surrounds.
This month, the government also announced over $6 million to support community safety across Bourke, Moree and Kempsey.
Across Western Region, NSW Police Operation Mongoose continues and has already identified 255 offenders, including 75 ringleaders.
The government is concerned about youth crime and will have more to say about further measures to help keep people safe.
Premier Chris Minns said:
"Extending this bail test is one way my government is responding to youth crime.
"Under our stronger bail laws, alleged offenders are more than twice as likely to be denied bail.
"It's not 'mission accomplished' on youth crime, but the bail laws are working, so we're extending them."
Attorney General Michael Daley said:
"We initially intended this bail law to be a 12-month circuit breaker. One year later, we can see that it is helping and it is still needed. This is not a step we take lightly.
"I acknowledge that many regional communities feel fear, concern, and frustration about youth crime. We are working on additional measures to address this issue.
"By extending this bail test, judicial officers must refuse bail if they do not have a high degree of confidence that the young person will not commit further offences of the same type."
