The number of young people locked up in NSW jails has spiked as more juveniles are refused bail after a controversial legislative crackdown and tougher rulings from judges.
There were 225 youths in custody across NSW in December 2024, up 32 per cent from 2023, the NSW Bureau of Crime Statistics and Research said on Tuesday.
The agency’s executive director Jackie Fitzgerald said the uplift in young people in custody was mostly due to the rise in remand numbers flowing from more bail refusals.
“The main factor driving the increase in remands is a rise in the bail refusal rate,” she said.
Controversial youth bail laws passed by the NSW government in 2024 – which make it harder for 14 to 18-year-olds to be released on serious charges while out on bail for similar offences – were a likely contributor, she said.
Despite opposition from some youth advocates and legal groups, the government said in February it wanted to extend the regime – due to expire in April – until 2028.
Ms Fitzgerald said judges were also becoming tougher on bail for less-serious offences not covered by the laws.
“This increase in the severity of bail decisions is apparent across a range of offences” including assaults, she said.
Ms Fitzgerald said this could be because the new laws sent a get-tough “signal” to state judges.
“Sometimes the legislative change sends a signal to the people making bail decisions and that can be influential,” she said.
Several high-profile crimes committed by offenders on bail could also have prompted the tougher rulings.
“Those kinds of incidents can also affect bail decisions and send signals,” Ms Fitzgerald said.
Labor’s bid to extend the laws, which will require fresh legislation, is set to reignite rifts in government ranks and the progressive crossbench over their impact on vulnerable youth.
But they are pushing ahead with it anyway, the Premier Chris Minns announcing the legislation today.
“Extending this bail test is one way my Government is responding to youth crime,” Minns said.
“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.”
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.
“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,” Attorney General Michael Daley said.
“I acknowledge that many regional communities feel fear, concern, and frustration about youth crime. We are working on additional measures to address this issue.”
The impacts of the section 22C amendment would continue to be evaluated throughout the three-year extension.
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