Under new laws passed by the Queensland State Government, the age at which children and young people subject to periods of detention under the Youth Justice Act 1992 are to be transferred to adult correctional facilities will increase from 17 to 18. This change coincides with the introduction of other legislation which will ensure that by the end of next year all 17 year olds are dealt with by the youth justice system rather than by the adult justice system.
Prior to this change in the law being introduced, the law provided for the automatic transfer to adult correctional facilities of 17 year olds who had at least six months left to serve in detention.
During September 2016, it was reported that there were 48 persons under the age of 18 imprisoned in Queensland’s adult correctional facilities. Despite the change to the law, those 17 year olds currently imprisoned in Queensland’s adult correctional facilities will not be transferred back to a juvenile detention centre and will be required to serve out the remainder of their sentences in an adult correctional facility.
The change to the law is part of the Government’s pre-election commitment for reform to this area of the law which is supported by the Queensland Law Society.