Judges have been accused of ignoring the intention of laws aimed at curbing youth crime after pointing to apparent flaws in controversial changes rushed through parliament.
The NSW government rejected claims the laws weren't working despite the state's police union saying it had been left "dumbfounded" by several recent decisions to grant alleged offenders bail.
The temporary legal changes were passed in March 2024 and extended for another three years in February to make it harder for older children to be released on bail if charged for some serious offences with similar charges pending.
Sparked by concerns about a rise in violent break-ins and car thefts in regional areas, the laws have faced fierce opposition from youth advocates and legal groups.
On Monday, the NSW Police Association said several recent NSW Supreme Court bail decisions showed there was a "growing activism" among certain judicial officers.
The rulings, including a child being granted bail for the fifth time on serious offences, highlighted a need to reinforce that judges "independence is not a licence to disregard the will of the parliament", the union said.
In a ruling in February, Justice Julia Lonergan granted bail to a teen who had repeatedly faced court over a spate of home invasions, suggesting the youth laws were at odds with other legislation that required children to be given the same legal rights as adults.
That was because the bail laws imposed "an additional obstruction to (a child's) release to their family and community, despite that child being entitled to the presumption of innocence", she noted.
Attorney-General Michael Daley defended the working of the laws, saying early data showed that the bail changes had made communities more safe.
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 reported in February.
"We said from the start these laws are tough, but they need to be because we can't tolerate this serious repeat offending from young people," Mr Daley said.
"The government is always looking at ways to improve community safety."
Opposition Leader Mark Speakman, a former state attorney-general, said the "duty of judges is to apply the law as it stands, not as they would like it to be, especially where it exists to protect the public and keep communities safe".
The police union wants a joint session of parliament to address what it claimed were cases of judges failing to implement the laws.
"Even after all these years it's amazing that I can be disappointed but still not surprised at the actions of these judges," president Kevin Morton said.
