The new figures show a sharp increase in young people on remand, driven by stricter bail decisions and increased intrusions and central attacks.
The number of youth in custody in New South Wales (NSW) has skyrocketed 32% over the past year, with new figures from the NSW Office of Crime Statistical Research (BOCSAR) showing that 54 detention cases since December 2023 This shows an increase in the number of people.
Boxal’s executive director Jackie Fitzgerald attributes it to a rapid increase in young people who have been remanded.
“Since 2023, the remanded population of youths has increased by 34.4%, with the number of youths undergoing remand for breaks, invasions and attacks,” she said.
The main factor in this trend was the rise in bail refusal rate, which increased from 13.7% in 2023 to 15.2% in 2024. This tightening of bail terms has impacted a wide range of crimes.
Aboriginal youth in detention
The number of young Aboriginal people in detention is also increasing, up 21.7% since December 2023.
Fitzgerald noted that the spike was entirely attributable to a 22.6% increase due to the increasing number of Aboriginal youth at remand.
“Two-thirds of Aboriginal youth (68.2 percent) in custody are from the NSW region,” she said.
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As of December 2024, Aboriginal youth accounted for 57.3% of the youth detained population, with 129 detained people compared to the 106 in the previous year. Considering the biggest rise, breached the violation and entered, 20 young people increased to 30, and assault cases increased from three to eight.
Impact of the impact of the bail law
Last year, in response to local crime concerns, NSW Premier Chris Mins introduced a year-long policy that tightens the youth bail law. This made it even more difficult for young people who were charged with resting, breaking in or car theft while releasing bail again.
The move was filled with criticism from legal institutions, including the NSW Bar Association and the NSW Legal Association, warning that it could lead to unnecessary imprisonment of vulnerable children.
“The NSW Law Society says the new test is stricter than the ‘show cause’ tests applied to adults,” says Drew Hamilton, founding partner at Hamilton Janke Lawyers.
“Youth need a high degree of confidence that they do not commit serious prosecutable crimes to be granted bail.”
He added that the policy ultimately led to the detention of young people who are not guilty or who will not receive custody even if convicted.
Despite these concerns, the Mins government has continued to prioritize reducing youth crime and invested an additional $2 million (US$1.27 million) in its diversion program, trying to extend changes to the bail law.
