Detainment of 15-year-old girl in NT police watch house reignites human rights concerns
The girl was isolated in a cell near adults inside the Palmerston police station watch house. (ABC News: Dane Hirst)
In short:
A 15-year-old girl was held inside the Palmerston police watch house for three nights after the Northern Territory Local Court recently withdrew an on-call judge service.
National Children's Commissioner Anne Hollonds says Australia's record on children's human rights in detention makes it an "outlier amongst other developed countries".
What's next?
A Local Court spokesperson says the court is "monitoring the impact" of cuts to its after-hours bail review service, which was prompted by increasing caseloads for people on remand.
The detainment of a 15-year-old girl for three nights in a Northern Territory police watch house is a "scandalous" reflection of Australia's human rights record, the national children's commissioner says.
From Friday, March 7, the teenage girl was detained in the Palmerston police watch house for three nights, following the NT Local Court's recent axing of an on-call judge service to review bail applications for young people outside business hours.
The girl had allegedly shoplifted about $60 worth of items and rode as a passenger in a stolen car.
Northern Australian Aboriginal Justice Agency (NAAJA) chair Theresa Roe said the experience would have been deeply traumatising.
Theresa Roe says the girl was kept in a cell on her own. (ABC News: Jayden O'Neill)
"She had to stay there and wait until the following week — on her own in a cell — listening to other prisoners screaming and shouting," she said.
"The lights are on 24/7 — you can't sleep."
Prisoner advocates have previously sounded the alarm over "terrible" conditions inside NT police watch houses, where in recent months severe overcrowding has left some adult inmates sharing a cell with more than a dozen people.
Territory Criminal Lawyers senior lawyer Jenna McHugh said the conditions were "terrible for anybody, let alone a young person who might be 10 years old".
The NT government lowered the age of criminal responsibility in the territory from 12 to 10 years old last year.
"I've been seeing these people on a Monday morning and they've not slept for three days, they've barely eaten," Ms McHugh said.
The inside of a police watch house at the Peter McAulay Centre in Berrimah. (ABC News: Michael Donnelly)
Ms Roe said the girl faced court on March 10 and was released with no further penalty.
National Children's Commissioner Anne Hollonds said this incident in the NT was an example of Australia's continued breach of children's human rights in youth detention.
"It really leads Australia to be an outlier amongst other developed countries," she said.
"That experience of incarceration is incredibly damaging to children who are already victims of violence and maltreatment, whose fundamental needs are not being met.
"It's scandalous that Australia is criminalising the most vulnerable children in the country."
Ms Hollonds raised concerns about police officers' ability to care for children with complex needs inside watch houses.
"[These children often] have high levels of serious disabilities, mental health problems and trauma," she said.
Anne Hollonds says youth crime is a symptom of deeper societal issues. (AAP: Mick Tsikas )
The territory's justice system has been buckling under an increasing workload in recent years, largely driven by a surging prison population now at a record high.
Previously, when NT police denied bail for a child arrested outside of regular work hours, officers could ring an on-call judge to arrange a court order to transfer that person to a youth detention centre.
But that service stopped earlier this month, when the NT's Local Court ceased after-hours bail reviews for youth offenders to ease pressure on overworked judges.
In a statement, a Local Court spokesperson said the court "does not currently have the resources to provide an appropriate service to consider bail applications outside of court sitting hours".
"There has been a large increase in numbers of matters before the court over the last few years, particularly people in custody,"the spokesperson said.
The NT's Local Court has stopped offering judges for on-call bail reviews for young people outside work hours. (ABC News: Che Chorley)
The spokesperson said NT police had the power to grant bail, and said accused offenders who were denied bail were brought before the court as soon as possible.
"A telephone bail application, if police have refused bail, can still be made for youth and for adults at remote stations, during business hours," the spokesperson said.
"The Local Court is monitoring the impact of the cessation of the after-hours bail review service."
NT Chief Minister Lia Finocchiaro said the Local Court's service cuts fell short of community expectations.
Children denied bail are usually transferred to Darwin's youth detention centre. (ABC News: Jayden O'Neill)
"I can't believe they've made this decision," she said.
"I just don't think it meets any expectation the community, the parliament or anyone has that judges wouldn't be on call on the weekend.
"That is certainly not a Northern Territory government decision."
In a statement, the NT Police Force said youth had been held in police watch houses since August "but not for significant periods of time".
"Youth who have been arrested and charged are processed at police watch houses in accordance with the law, policy and procedure," the spokesperson said.
"Youth in police custody who have been lawfully sentenced or remanded in detention are transferred to a youth detention facility as soon as is reasonably practicable."