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INSLM’s inquiry into the prosecution and sentencing of children for terrorist offences

12 July 2018

On 27 June 2018, the Law Council provided a submission to the Independent National Security Legislation Monitor (INSLM)’s inquiry into the prosecution and sentencing of children for terrorist offences. In particular, the operation and effectiveness of sections 15AA, 20C and 19AG of the Crimes Act 1914 (Cth). These provisions relate to bail, the prosecution of children in states and territories for federal offences such as terrorism, and parole.

The Law Council recommended that best practice guidelines for juvenile justice be developed which include federal minimum standards for the sentencing of children, and sections 15AA and 19AG should be amended to exempt children from their application. The Law Council also recommended that the INSLM find section 19AG be repealed on the basis it may be inconsistent with Australia’s international human rights obligations.

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