Two of 13 children granted bail by a Townsville magistrate less than a fortnight ago have been arrested again, a court has heard.
The decisions to grant bail to 13 alleged young offenders prompted the Queensland Police Service (QPS) to issue a statement that they would be increasing bail checks in the city, and would be seeking legal advice to appeal the decisions.
Lawyers representing the QPS appeared in the Supreme Court in Townsville on Monday to appeal two of the decisions made in the Townsville Children's Court on February 9.
However, before applications to appeal the decisions to grant two children bail were heard, the matters were stood down by Justice David North.
The court heard the two children who were the subject of the applications being made by police had been arrested again.
Justice David North briefly resumed the civil proceedings in Supreme Court of Queensland on Monday afternoon.
The two applications by QPS to appeal the decisions to grant bail to the two teenage boys in the Townsville Children's Court on February 9 were adjourned to be heard in the Supreme Court of Queensland in Mackay on Monday.
In a statement, police said since February 9 Townsville officers have conducted 541 bail checks on juveniles, including nightly checks of the young people released from custody.
Police said of the juveniles released from custody earlier this month, one was found non-compliant and was returned to custody on February 12.
On Sunday, February 19, three other juveniles – including two who were released on February 9 – were charged with property crime offences in relation to an alleged break and enter a day earlier.
Held in a watch house for 10 days
Journalists were granted permission to be present in the Townsville Children's Court to hear the two matters.
The first teenager appeared via video link before Magistrate Viviana Keegan for a bail application.
Police opposed the bail application citing that the child had been on bail for an alleged indictable offence and had since been charged with offences including enter dwelling.
The court heard the teenager had spent 10 days in the Townsville watch house before being granted bail.
The court heard that during the past fortnight the teenager was on probation on a conditional bail program which included a 24-hour curfew.
His lawyer recommended the magistrate issue a "no contact" order between the boy and alleged co-offenders to reduce the risk of reoffending.
When considering the boy's bail application Magistrate Keegan briefly outlined his criminal history.
"He has had court appearances and he has only ever received probation and restorative justice," the Magistrate said.
"He has never been sentenced to detention."
Magistrate Keegan told police the main principle of the Youth Justice Act was that detention should be considered "as a last resort and the least amount of time justified" and asked why a conditional release order should not be considered.
A conditional release order is a detention order that is suspended immediately during which the Youth Justice Department works intensively with a young person.
"I can only give him bail if there are rules that will reduce the risk of reoffending," Magistrate Keegan said.
Magistrate Keegan pointed out that the boy would be eligible for a GPS tracker if he was deemed to be suitable after an assessment by Youth Justice, which would involve making sure the teenager is aware of the requirements.
"I can't give you bail if I think you are going to go out and get charged with any offences," Magistrate Keegan told the boy.
The matter was adjourned until Wednesday morning for Youth Justice to assess the boy for a GPS tracker.
Co-accused charged with burglary
The second teenage boy had been arrested and charged with two counts of burglary after he allegedly entered the home and stole an amount of cash, before entering another home and stole more money and keys.
The boy has spent 34 days in custody in the Townsville watch house since his initial arrest.
His lawyer recommended Magistrate Keegan grant bail and issued a no contact order between the boy and his alleged co-offender, who appeared in court before him.
"How can the court give you bail if you are not going to follow the rules?" Magistrate Keegan asked the boy.
"What is going to change?"
Appearing via videolink the boy said he "would stop doing bad stuff and just stay home".
Magistrate Keegan again referenced the Youth Justice principles, including that a young person should only be held in detention as a last resort and for the least amount of time "justified under the circumstances".
"I am going to give you bail ... you will have a 24-hour curfew, there is to be no-contact at all with [the first teenager], and a conditional bail program," the magistrate said.
Magistrate Keegan asked the boy what would happen if he "broke the rules".
"I'll get locked straight back up in the watch house," he said.
His matter was adjourned until Thursday March 2.
