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AAP
AAP
National
Sam McKeith

Controversial bail crackdown spurs youth custody surge

More juveniles are being refused bail following a controversial legislative crackdown in NSW. (Jono Searle/AAP PHOTOS)

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.

Parramatta Children's Court
The NSW government wants to extend its controversial youth bail laws to 2028. (Miklos Bolza/AAP PHOTOS)

"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.

A person in handcuffs
The crime statistics and research bureau says 225 youths were in custody in NSW in December 2024. (David Gray/AAP PHOTOS)

"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.

Ms Fitzgerald pointed to the 2024 killing of Molly Ticehurst in the town of Forbes, in central-west NSW. 

Ms Ticehurst was allegedly murdered by her former partner while he was out on bail on intimidation and animal cruelty charges.

"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.

Lifeline 13 11 14

Kids Helpline 1800 55 1800 (for people aged 5 to 25)

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