Gold Coast mayor Tom Tate has sensationally called for mandatory sentences for repeat juvenile offenders, saying he would leave the finer details to lawmakers but GPS trackers or stints in jail should not be ruled out.
He also accused Queensland's judiciary of being too sympathetic towards "kindergarten crooks", saying the state government should instead set the "ground rules" in legislation.
The comments have outraged Queensland lawyers, who said mandatory sentencing did not work for children and in some cases, they became more sophisticated criminals after a stint behind bars.
The mayor's comments come after an 18-year-old was this week charged over the alleged dangerous driving of a stolen vehicle, where a man who had stepped out of his car nearby was allegedly driven at and carried on the bonnet of the car at speed.
"My attitude is that for repeat youth offenders, laws have got to be strengthened so that [juveniles] don't just get released so easily," Mr Tate said.
"If you're soft on crime, they're not learning from anything.
"My wish would be that at legislation level, looking at mandatory sentences, so they [young people] know if they break into car and drive, automatically there will be a level of fines and a return detention."
Mr Tate said car theft and juvenile crime on the Gold Coast was escalating and had reached a breaking point that was affecting the reputation of the city.
"I believe that the data would show that we're already six months past that stage," he said.
"This is a reaction that is retrospective -- I think the action to change mandatory rules should happen before this year ends.
"That's how quickly I think it should be done."
Judges are too 'sympathetic', says mayor
The mayor said he believed the state government was trying to fix the problem of youth crime, but it was the courts that were not keeping up with community expectations.
"By the time we get to do the judges, I think the sympathy comes through," Mr Tate said.
"So, I will be saying to the state government to go mandatory so that everyone knows what the ground rules are and it's not going to be left to someone to go, 'Oh well, let it go'."
The comments have outraged criminal lawyers, who said outcomes for young people who ended up going through the justice system are much worse when they are incarcerated.
'Mandatory sentencing doesn't work'
Gold Coast solicitor Michael Gatenby said juveniles don't "think before they act" and for that reason the sentencing of them should be different to adults.
"Mandatory sentencing has time and time again been demonstrated to be a complete failure and more so with children, because children just aren't deterred by mandatory sentences," he said.
"It's very concerning that the mayor thinks this is a good idea. It will just cause so many problems down the track."
Mr Gatenby said many children who committed offences would rather be in juvenile detention.
"There are young people on the Gold Coast that don't have food in their belly with a roof over their head and to some of them, detention is a better option," he said.
"Last week, we had a client who was happier to go to jail than to be granted bail and go back on the streets.
"I think that's a real concern. And that's what the council needs to be addressing."
Often juvenile offenders come from families where spending time behind bars is normalised, Mr Gatenby said.
"It's no deterrent whatsoever. In fact, it's just a breeding ground where they learn how to be better criminals and statistics show young people that go to jail, are more likely to reoffend," he said.
New numberplate ID to ease problem
New numberplate recognition technology is also being installed as part of the city's CCTV network, which will allow police to identify vehicles more easily.
On the details of his controversial mandatory sentencing plan, Mr Tate said he would leave the details of his controversial that to the experts.
"At the very least, with the technology, you want to know where they are," he said.
"With GPS tracking and all that sort of stuff, I think that's number one. That's not taking away their liberty, that's just going: 'We're tracking you now, so, behave yourself'.
"And if that doesn't work? Well, you can get some free accommodation."
Calls for politicians to stop interference
Mr Gatenby also criticised the intervention from politicians in the judicial system.
"Legislation prescribes the factors that the judiciary has to take into account," he said.
"And with children, that time and time again, we've learnt that if we can educate them, rehabilitate them, they're less likely to come back before the courts."
Mandatory sentencing causes 'injustice'
Queensland Council for Civil Liberties vice president Terry O'Gorman said mandatory sentencing could led to unfair outcomes for defendants.
"The reality is the Queensland Sentencing Advisory Council ... has come out strongly over a period of time against mandatory sentencing on the basis that it produces injustice," he said.
"They have quoted the mandatory sentencing cases around the country — particularly in the Northern Territory — that's particularly applicable to Mayor Tate's comments, where young people have been sent to jail for the third stealing offence, where they stole a piece of pizza.
"The fact is that mandatory sentencing doesn't work; all expert bodies around the country have long recognised that."
Mr O'Gorman described the comments as "fundamentally wrong" and "exploiting law and order for political benefit.
"He's promoting a false view in the community ... he's promoting an alarmist view in the community," he said.
Minister for Youth Justice Leanne Linard was unavailable for comment.
