We called for the repeal of an ammendment to NSW bail laws that is resulting in more young people being held in custody while they await a trial.
The JEC made a submission to the Statutory Review of the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025.
The review was considering section 22C of the Bail Act 2013, introduced in 2024 to establish a temporary bail test for 14 to 17 years olds charged with motor theft, serious breaking and entering, or a performance crime offence while already on bail for similar offences.
Our submission notes that data provided in the consultation paper indicates that s 22C has had a significant impact on bail outcomes, particularly by increasing the likelihood that children are remanded in custody. This is particularly concerning in the youth justice context, where detention should be a measure of last resort, and where it is well-established that prolonged detention causes developmental and psychological harm.
We recommend that s 22C be repealed in its entirety, and that reforms instead prioritise investment in evidence-based, community-led early intervention, diversion and bail support programs. This includes culturally safe, Aboriginal-led initiatives that address the underlying drivers of youth offending and deliver more effective and sustainable public safety outcomes.
