The criminal justice system is complex. But imagine being a young offender, with limited access to legal advice, sitting on remand for months in a youth detention centre. That is the reality in Tasmania, but there are calls for change.
Week after week passes by as children in Tasmania's troubled Ashley Youth Detention Centre wait for their next court date, often unaware of how the legal system even works.
But imagine being a 13-year-old charged with a criminal offence, without secure housing, and as a result in Ashley Youth Detention Centre on remand, which means being in custody awaiting trial.After receiving a duty lawyer at first, youths are left to rely upon their relationship with their own criminal lawyer.Legal Aid Tasmania director Kristen Wylie told ABC Stateline that without this legal service, more children than necessary were ending up on remand in Ashley.
"When you look at the space that is available for them to try to make contact with their lawyers, that was hardly surprising."Former inmates settle lawsuit for $75m This means youths are often unable to be released on bail for months at a time – sometimes for a variety of reasons, including community safety considerations, but also due to a lack of suitable housing.
"What we do see is a number of children who are on remand and not getting bail because they have no housing or no safe housing.In May, there were 24 children at Ashley, which the Commissioner for Children and Young People, Leanne McLean, said was the highest she could recall. Of those, 20 were unsentenced.
The government has committed to implementing all recommendations from the commission of inquiry, and has been contacted regarding on-call legal services.A government spokesperson said it was working towards having a duty lawyer available for children and young people detained at Ashley, and it will continue to engage with Legal Aid on the issue.
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