Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW] Explanatory note

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(b) the bail conditions include imposing a curfew and electronic monitoring. Schedule 1[4] provides the circumstances in which a bail authority may vary a bail condition imposing a curfew under the Act, section 22C. The bail authority must not grant bail subject to a bail condition imposing electronic monitoring to a relevant young person unless the bail authority is satisfied the relevant young person will be appropriately supported, including by having regard to the following— (a) the relevant young person’s capacity to understand the condition, (b) whether the relevant young person is likely to comply with the condition, (c) whether a parent or other person has indicated a willingness to support the relevant young

person with the relevant young person’s bail conditions. If bail is granted for a relevant young person under the Act, section 22C the bail authority must consider making an order that the relevant young person be detained in custody until the electronic monitoring device is fitted to the young person and may impose any other condition to facilitate the operation of the electronic monitoring device. Schedule 1[2] sets out the circumstances in which a relevant young person’s bail is revoked while subject to bail conditions under the Act, section 22C and provides that if the bail is revoked, the person cannot be granted bail for the same offence, except in certain circumstances. Schedule 1[5] inserts a savings and transitional provision.

Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

Schedule 2[1]–[3] provide that for an offence being dealt with by the Supreme Court, District Court or Children’s Court that is the second or subsequent relevant offence committed by a relevant young person, a victim impact statement may be considered by the court before sentencing and in determining the punishment of a relevant young person. Schedule 2[4] inserts a savings and transitional provision.

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b2025-038.d08

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Introduced by Mr A A Henskens, MP First print

New South Wales

Crimes Legislation Amendment (Youth Crime) Bill 2025

Contents

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Schedule 1 Amendment of Bail Act 2013 No 26 3 Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 6

Tabling copy

New South Wales

Crimes Legislation Amendment (Youth Crime) Bill 2025

No , 2025

A Bill for

This PUBLIC BILL, originated in the LEGISLATIVE ASSEMBLY and, having this day passed, is now ready for presentation to the LEGISLATIVE COUNCIL for its concurrence.

Clerk of the Legislative Assembly Legislative Assembly

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An Act to amend the Bail Act 2013 to provide for matters in relation to bail for certain young persons; and to amend the Crimes (Sentencing Procedure) Act 1999 to provide for the use of victim impact statements in sentencing certain young persons who commit certain second or subsequent crimes.

The LEGISLATIVE COUNCIL has this day agreed to this Bill with/without amendment.

Clerk of the Parliaments Legislative Council

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Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW]

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The Legislature of New South Wales enacts—

1 Name of Act This Act is the Crimes Legislation Amendment (Youth Crime) Act 2025.

2 Commencement This Act commences on the date of assent to this Act.

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Tabling copy

Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW] Schedule 1 Amendment of Bail Act 2013 No 26

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Schedule 1 Amendment of Bail Act 2013 No 26 [1] Section 22C Temporary limitation on bail for certain young persons in relation to

certain serious offences Omit section 22C(1). Insert instead—

(1) A bail authority must not grant bail to a relevant young person for a relevant offence alleged to have been committed while the young person is on bail for another relevant offence unless— (a) the bail authority has a high degree of confidence the young person will

not commit a serious indictable offence while on bail subject to any proposed bail conditions, and

(b) the bail authority grants bail subject to bail conditions that include— (i) the imposition of a curfew on the relevant young person between

the hours of 8pm and 6am, and Note— See section 22CA(1), which provides the imposition of a curfew on a relevant young person may be varied in limited circumstances only.

(ii) a requirement the relevant young person be subject to electronic monitoring by one of the following persons or agencies in relation to the enforcement of the bail condition imposing a curfew and any other relevant bail conditions— (A) Commissioner for Corrective Services, (B) an appropriate government sector agency. Note— See section 22CA(2) and (3), which provide for additional matters to which the bail authority must have regard in deciding whether to refuse bail or that relevant support is in place to permit bail to be granted subject to a condition requiring the relevant young person be subject to electronic monitoring.

[2] Section 22C(3A) and (3B) Insert after section 22C(3)—

(3A) If any of the following circumstances occur in relation to a relevant young person subject to bail conditions under this section, the young person’s bail is taken to have been revoked under this Act— (a) the relevant young person fails to comply with the bail conditions, (b) any further charges are laid against the relevant young person, (c) there is any interference with the device used to electronically monitor

the relevant young person. (3B) If a relevant young person’s bail is revoked under subsection (3A), a further

decision to grant bail to the young person for the same offence cannot be made unless— (a) the failure to comply with bail conditions that resulted in the young

person’s bail being revoked under that subsection was a trivial failure, or

(b) exceptional circumstances apply.

[3] Section 22C(6), definition of “relevant offence” Omit “entering offence.” from paragraph (c). Insert instead—

entering offence, or

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Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW] Schedule 1 Amendment of Bail Act 2013 No 26

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(d) another serious indictable offence.

[4] Section 22CA Insert after section 22C—

22CA Curfews and electronic monitoring for relevant young persons (1) A bail condition under section 22C(1)(b)(i) may be varied, at the time bail is

granted or at a later time, by a bail authority only if— (a) the bail authority imposes a curfew that is for more hours than the hours

specified in that subparagraph, or (b) the bail authority—

(i) considers the variation necessary to allow the relevant young person to engage in a therapeutic activity, and

(ii) the bail conditions include— (A) the varied hours for which the young person is subject to a

curfew, and (B) the therapeutic activity in which the young person is to

engage. (2) A bail authority must not grant bail under section 22C unless the bail authority

is satisfied electronic monitoring of the relevant young person will be appropriately supported having regard to the following matters— (a) whether the relevant young person has the capacity to understand the

condition and any conditions under subsection (3), (b) whether the relevant young person is likely to comply with the

condition and any conditions under subsection (3) having regard to the particular circumstances of the young person, Examples of personal circumstances of a relevant young person for paragraph (b)—

• whether the relevant young person has stable accommodation • whether the relevant young person has the support of a parent or

another person to assist with compliance with the conditions • whether the relevant young person has access to a mobile phone to

facilitate contact with the person or agency conducting the electronic monitoring

• whether the relevant young person has access to an electricity supply (c) whether a parent of the relevant young person or another person has

indicated a willingness to the bail authority to— (i) support the relevant young person to comply with the bail

conditions to which the bail will be subject, and (ii) notify a police officer of a change in the relevant young person’s

personal circumstances that may affect the young person’s ability to comply with the bail conditions, and

(iii) notify a police officer of a breach of the bail conditions, (d) another matter the court considers relevant.

(3) If bail is granted for a relevant young person, the bail authority— (a) must consider making an order that the relevant young person be

detained in custody until the electronic monitoring device is fitted to the young person, and

(b) may impose any other condition the bail authority considers necessary to facilitate the operation of the electronic monitoring device.

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Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW] Schedule 1 Amendment of Bail Act 2013 No 26

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Examples of conditions a bail authority may consider necessary to facilitate the operation of an electronic monitoring device required to be worn by a relevant young person—

• a condition that requires the relevant young person to attend at a stated place to be fitted with the electronic monitoring device

• a condition that requires the relevant young person to take stated and other reasonable steps to ensure the electronic monitoring device and any equipment necessary for the device are or remain in good working order

• a condition that requires the relevant young person to permit a police officer to enter stated premises to install equipment necessary for the operation of the electronic monitoring device

• a condition that requires the relevant young person to permit a police officer to take stated and other reasonable steps to ensure the electronic monitoring device and any equipment necessary for the operation of the device are or remain in good working order

• a condition that requires the relevant young person to comply with a direction given by a police officer that is reasonably necessary for the operation of the electronic monitoring device

(4) In this section— relevant young person has the same meaning as in section 22C.

[5] Schedule 3 Savings, transitional and other provisions Insert at the end of the schedule, with appropriate part and clause numbering—

Part Provision consequent on enactment of Crimes Legislation Amendment (Youth Crime) Act 2025

Application of amendment (1) Section 22C, as amended by the amendment Act, extends to an offence

charged after the commencement of the amendment Act where the offence is alleged to have been committed before the commencement.

(2) In this clause— amendment Act means the Crimes Legislation Amendment (Youth Crime) Act 2025.

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Tabling copy

Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW] Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

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Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

[1] Section 27 Application of Division Omit “1900.” from section 27(2)(e). Insert instead—

1900, or (f) an offence that is a second or subsequent relevant offence committed by

a relevant young person. Note— If the offence is a second or subsequent relevant offence, for example a motor theft offence or serious breaking and entering offence, committed by a young person who is 14 years of age or more but less than 18 years of age, a victim impact statement may be considered by the court before sentencing and in determining the punishment for the young person for the relevant offence.

[2] Section 27(4A)(c) Omit “offence.” from section 27(4A)(b)(iv). Insert instead—

offence, or (c) the offence is a second or subsequent relevant offence committed by a

relevant young person. Note— If the offence is a second or subsequent relevant offence, for example a motor theft offence or serious breaking and entering offence, committed by a young person who is 14 years of age or more but less than 18 years of age, a victim impact statement may be considered by the court before sentencing and in determining the punishment for the young person for the relevant offence.

[3] Section 27(7) Insert after section 27(6)—

(7) In this section— relevant offence has the same meaning as in the Bail Act 2013, section 22C. relevant young person has the same meaning as in the Bail Act 2013, section 22C.

[4] Schedule 2 Savings, transitional and other provisions Insert at the end of the schedule, with appropriate part and clause numbering—

Part Provision consequent on enactment of Crimes Legislation Amendment (Youth Crime) Act 2025

Application of amendments (1) The amendments made to section 27 by the amendment Act extend to an

offence committed before the commencement of the amendment Act that is dealt with by a court after the commencement.

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Tabling copy

Crimes Legislation Amendment (Youth Crime) Bill 2025 [NSW] Schedule 2 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

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(2) In this clause— amendment Act means the Crimes Legislation Amendment (Youth Crime) Act 2025.

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Tabling copy