‘The Door Creaked Shut’

Tales from the Brothers Grimm: The Pied Piper of Hamlyn <http://www.yankeeweb.com/library/storytime/grimmbros/grimmbros_0.html#grimmbros_41>.

Department of Justice and Attorney General (Qld), Children's Court of Queensland Annual Report 2013–2014 (2014) 7.

Australian Bureau of Statistics, Recorded Crime – Offenders 2012–13 Queensland (24 March 2014) <http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/4519.0main+features282012-13>. In Queensland children are those under the age of 17, not 18.

Queensland , Parliamentary Debates, 11 February 2014 ( Bleijie Jarrod Attorney-General and Minister of Justice) 45–46.

Department of Justice and Attorney General (Qld), Children's Court of Queensland Annual Report 2011–2012 (2013) 6.

Queensland, Parliamentary Debates, above n 4.

International Covenant on Civil and Political Rights, 16 December 1966 [1980] ATS 23 Art 9; Convention on the Rights of the Child, opened for signature 20th November 1989, 1577 UNTS 3 (entered into force in Australia 16 January 1991) arts 1,12, 19, 37.

Explanatory Notes, Youth Justice and Other Legislation Amendment Bill 2014 (Qld).

Youth Justice (Boot Camp Orders) and Other Legislation Amendment Act 2012 (Qld) ss 2, 21.

Crimes (Sentencing) Act 2005 (ACT) s 133G(2); Children (Criminal Proceedings) Act 1987 (NSW) s33(2); Children, Youth and Families Act 2005 (Vic) ss 360(1), 361; Youth Justice Act 1997 (Tas) s 80; Young Offenders Act 1993 (SA) s 23(4); (Note: It is recognised in relation to all but serious offenders within the South Australian legislation).

See Division 2A Period of Detention to be served as Period of Imprisonment Youth Justice Act 1992 (Qld).

Edney Richard , ‘Bail Conditions as a Mitigating Factor in Sentencing’ (2007) 31 Criminal Law Journal 101, 101.

Bail Act 1992 (ACT) s 49; Bail Act 2013 (NSW) s 79; Bail Act (NT) s 37B; Bail Act 1980 (Qld) ss 29, 33, 33A; Bail Act 1985 (SA) s 17; Bail Act 1994 (Tas) s 9; Bail Act 1977 (Vic) ss 30, 30A; Bail Act 1982 (WA) s 51.

R v S; R v L [2015] QChC 3, [17]-[22]; This test in R v Gordon; ex parte Attorney-General [1975] QdR 301 was adopted most recently by the Court of Appeal in R v Dibble; ex parte Attorney-General (Qld) [2014] QCA 8 at [23].

It is likely that other children have already been sentenced under this provision so further clarification will be required.

Gatti Uberto Tremblay Richard E Vitaro Frank , ‘Iatrogenic Effect of Juvenile Justice’ (2009) 50(8) Journal of Child Psychology and Psychiatry 991.

Bail Act 1982 (NT) s 37B.

Bail Act 1982 (WA) s 51.

Bail Act 1992 (ACT) s 49; Bail Act 2013 (NSW) s 79(1); Bail Act 1985 (SA) s17(1); Bail Act 1994 (Tas) s 9; Bail Act 1977 (Vic) ss 30A, 30B, 30(1).

Bail Act 2013 (NSW) s 79(3); Bail Act 1985 (SA) s 17(2).

In coming to the final decision in R v S; R v L [2015] QChC 3, [16] the court also considered that s 59A should be read to exclude the maximum penalty of one year's ‘imprisonment’ (rather than ‘detention’) and that the sentencing options available were limited to ‘a reprimand, a good behaviour order, or a fine up to 20 penalty units’.

Morgan Neil , ‘Why We Should Not Have Mandatory Penalties: Theoretical Structures and Political Realities’ (2002) 23 Adelaide Law Review 141, 145.

Woolmington v Director of Public Prosecutions [1935] AC 462 [481–482].

Dawkins K , ‘Statutory Presumptions and Reverse Onus Clauses in the Criminal Law: In Search of Rationality’ (1987) 3 Canterbury Law Review 214, 215.

Ibid 216.

Freeman Karen , ‘Young People and Crime’ (1996) 32 Crime and Justice Bulletin 2, 5, 7.

Weatherburn Don McGrath Andrew Bartels Lorana , ‘Three Dogmas of Juvenile Justice’ (2012) 35(3) UNSW Law Journal 779.

Richards Kelly Lee Murray , ‘Beyond the “Three Dogmas of Juvenile Justice”: A Response to Weatherburn, McGrath and Bartels’ (2013) 36(3) UNSW Law Journal 839, 849.

Ibid 841; Gatti , above n 16, 991.

Veen v R (No 2) (1988) 77 ALR 385 [390].

Australian Institute of Health and Welfare, Juvenile Justice Series No 13: Youth Detention Population in Australia 2013 (2013) 2, 36, vii.

Department of Justice and Attorney-General (Qld), Youth Detention Centre Demand Management Strategy 2013–2023, Consultation Draft (September 2014) 4, 9 <http://www.scribd.com/doc/240007412/Draft-Youth-Detention-Centre-Demand-Management-Strategy>.

Hinds Lyn , ‘Three Strikes and You're Out in the West: A Study of Newspaper Coverage of Crime Control in Western Australia’ (2005) 17(2) Current Issues in Criminal Justice 239, 240–241.

(1996) 138 ALR 577.

Keyzer Patrick Blay Sam , ‘Double Punishment? Preventive Detention Schemes Under Australian Legislation and Their Consistency with International Law: The Fardon Communication’ (2006) 7(2) Melbourne Journal of International Law 407.

Payne Jason , Recidivism in Australia: Findings and Future Research – Research and Policy Series No 80 (Australian Institute of Criminology, 2007) 97.

Bennett Hayley Broe Tony GA , ‘Brains, Biology and Socio-economic Disadvantage in Sentencing: Implications for the Politics of Moral Culpability’ (2008) 32(3) Criminal Law Journal 167.

Stewart Anna Dennison Susan Waterson Elissa , Pathways from Child Maltreatment to Juvenile Offending: Research and Policy Series No 241 (Australian Institute of Criminology, 2002) 1; Stewart Anna Livingston Michael Dennison Susan , Transition and Turning Points: Examining the Links between Child Maltreatment and Juvenile Offending, Submission No 1 to Child Abuse and Neglect (2008) 16.

Children's Court Annual Report 2013–2014, above n 2, 2.

Queensland Government, Legal Affairs and Community Safety Committee Report No 58: Queensland Government Response (2014) <https://www.parliament.qld.gov.au/documents/committees/LACSC/2014/YouthJustice2014/gr-18Mar2014.pdf>.

Commonwealth Government, Aboriginal and Torres Strait Islander Wellbeing: A Focus on Children and Youth (Australian Bureau of Statistics, 2011) <http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/4725.0Chapter110Apr%202011>.

Children's Court Annual Report 2013–2014, above n 2, 35.

Ibid 4.

Queensland Government Statistician's Office, Recorded Crime – Offenders, Queensland 2012–13 (February 2014) 6 <http://www.qgso.qld.gov.au/products/briefs/recorded-crime-offenders/recorded-crime-offenders-2012-13.pdf>.

A new Labor government took office in Queensland in February 2015.