SA Law Society Raises Concerns Over Youth Bail and Sentencing Reforms
The South Australian Government has introduced the Statutes Amendment (Recidivist Young Offenders) Bill 2025 as part of its broader Young Offender Plan. Its stated aim is to address youth crime by targeting serious repeat offenders with tougher bail and sentencing measures. The Law Society of South Australia has voiced serious concerns about the scope, fairness and long-term consequences of the bill.
The Law Society’s Key Concerns
Reduced Judicial Discretion
The Bill shifts key decisions away from judicial officers by automatically declaring certain youths “recidivist young offenders.”Presumption Against Bail
Declaring young people “prescribed applicants” under bail laws means they will face a presumption against bail for a wide range of offences. The Society warns this will lead to more children being detained on remand — capturing a wider group of young people into the cycle of imprisonment then that previously.Expanded Definition of “Serious Offence”
Common youth offences such as serious criminal trespass or low-level assaults could trigger recidivist status, dramatically increasing the number of children held in detention for relatively minor conduct.Impact on Diversionary Pathways
Changes to the meaning of “conviction” risk capturing cases previously resolved through family conferences or diversionary measures. This is likely to erode the value of engaging with diversionary options designed to steer young people away from the justice system, stressing the resources of the Youth Court.Human Rights Risks
The Society highlights potential breaches of international obligations, including the Convention on the Rights of the Child such as the creation of a presumption against bail when pre-trial detention should be a last resort.System Capacity & Cost
South Australia’s only youth detention facility, Kurlana Tapa Youth Justice Centre, is already at or over capacity. Expanding detention is likely to place unsustainable pressure on the system, dwarf the funding allocated to rehabilitation programs, and leave psychiatric issues among vulnerable young people improperly addressed.
A Better Way Forward
The Law Society acknowledges community concerns about repeat youth offending but urges government to:
Pause the Bill in its current form and instead establish a Youth Crime Advisory Committee to investigate underlying drivers of youth offending.
Strengthen early intervention through proven strategies that reduce recidivism by up to 40%, such as programs targeting interpersonal skills, education, job readiness and family support.
Prioritise human rights obligations, ensuring detention remains a last resort and judicial discretion is preserved.
Invest in prevention over punishment, redirecting resources to mental health, housing stability and culturally appropriate diversion programs.
As legal professionals, we recognise the need to balance community safety with the rights of children. However, evidence consistently shows that detention entrenches, rather than reduces, criminal behaviour. The proposed Bill risks increasing crime in the long run by removing pathways for rehabilitation and disproportionately punishing young people at vulnerable stages in their lives.
South Australia has the second-lowest youth offender rate in the nation. This is the time to build on what works—prevention, diversion and rehabilitation—not to double down on punitive measures that may undermine both justice and community safety.