Crime lessons Sydney could learn from former murder capital of Europe

Jailing young people contracted by gangs to commit crimes not the answer, justice reform advocate says In short: A justice reform advocate says young people accepting contracts from underworld figures to commit crimes are being "exploited". Mindy Sotiri says Scotland, Spain, Hawaii and New York have successfully reduced youth crime with a public health approach. What's next? Proposed legislation for some children to face adult penalties if convicted of organised crime violence are set to be debated in NSW parliament. Young people contracted by gangs to commit crimes "shouldn't be punished" for being "exploited", a justice reform advocate says. It comes after the Minns government on Monday announced young people could face adult penalties if convicted of organised crime violence. The raft of proposed measures includes a maximum sentence of life imprisonment under new aggravated offences for conspiracy and attempted murder. NSW Police Commissioner Mal Lanyon said at the time some children were being contracted by underworld figures on the dark web "for a very small amount of money" and had a disregard for the consequences of their actions. Last week university student Marco Tapia and 40-year-old Joshua Macdonald were shot in what NSW Police suspect to be "mistaken identity" shootings. At a press conference last week, NSW Police Minister Yasmin Catley described this "new model" as a case of "whack-a-mole". "Every time somebody is removed from the streets another person is there, a vulnerable person is there, a young person is there," she said. Within the last 12 months, Taskforce Falcon, which was set up to combat organised crime violence, had arrested more than 800 perpetrators, including young people. 'Prison itself causes harm' Justice Reform Initiative (JRI) executive director Mindy Sotiri said "we shouldn't be punishing children because adults are exploiting them". "If children are being exploited by adult gang members, that's child abuse, that's child exploitation,"she said. "The way to respond to children's involvement in this sort of activity is not by further criminalising children or further pushing them deeper into a system which is absolutely only going to lead to them engaging in more serious reoffending. "We cannot hold children to the same standards that we hold [as] adults because they are not able to be criminally responsible in the same ways." She said "prison itself causes harm" by exacerbating common disadvantage among children, which increases reoffending chances. "The current situation in Australia is that 85 per cent of children who go to prison return within 12 months," Ms Sotiri said. She said there were approximately 208 children in NSW prisons, of which "the majority are not sentenced" and "haven't actually been found guilty of anything". "Most people are released without any sort of order,"Ms Sotiri said. She said the reasons why young people turned to crime needed to be addressed. Youth Justice NSW executive director Kelly-Anne Stewart said while it was important there were consequences for actions, the service recognised some of the "most vulnerable" young people can be involved. "School disengagement and educational exclusion; out-of-home care, homelessness and housing instability; disability, mental health, drug and alcohol issues, family dysfunction, poverty and intergenerational trauma all figure large in the lives of young people with Youth Justice," Ms Stewart said. "In Youth Justice we work with a commitment to do everything we can to support the young people we are engaging with reach their full potential without further offending, which in turn makes our communities safer." International success stories In June, the JRI brought international experts to Australia who oversaw "absolutely transformative shifts" in youth justice in their respective countries. They gave evidence of successful approaches to the NSW Parliamentary Select Committee on Youth Justice, and a Federal Senate Inquiry into Australia's youth justice and incarceration system. Scotland, UK Read moreScotland's Glasgow was formerly known as the murder capital of Europe, with significant youth crime and gang issues. Ms Sotiri said there were now no children in Scottish prisons since 2024. She said the country's legislation described predatory adults using children for criminal activities as "child abuse". Community Justice Scotland chief executive, Karyn McCluskey, told the NSW select committee the youth crime turnaround was "a product of decades of layered, interconnected policy and cross-party support". She said investment in a child's early life, a national child wellbeing framework and a welfare-based children's hearing system rather than traditional court helped address the situation. Scotland also implemented secure care facilities, which are different to prisons. Children up to 18 years of age who present a risk to themselves or others are housed in a safe environment where they can continue schooling and receive support. They are often referred to one of the four independent charities by the Children's Hearings System or the Criminal Justice System. Ms Sotiri said the country adopted a public health approach. Spain, EU Read moreIn Spain, non-government organisation Fundación Diagrama, which began in 1991, runs about 70 per cent of the country's youth justice facilities. The 35 custodial centres accept people aged 14 to 23 who are remanded or sentenced to custody. Ms Sotiri said it had reduced recidivism rates to around 15 per cent, compared to around 85 per cent historically. Professionals including psychologists, psychiatrists, social workers, occupational therapists and reintegration workers support the youths. The team's main goal is to promote and develop resources aimed at prevention treatment and integration. "We don't run prisons; we run re-educational centres, and it's fundamentally very different from what you would be experiencing in Australia," Fundación Diagrama CEO David McGuire told the NSW select committee. Hawaii, US Read moreMs Sotiri said Hawaii had embraced an Indigenous-led trauma-informed diversion remodel and closed 80 per cent of their detention centres. She said as of 2022, there were 82 per cent fewer children in prison, with no girls incarcerated. That was for the first time since 1961, with overall crime rates reducing by 86 per cent. Kawailoa Youth and Family Wellness Centre youth facility administrator, Matelina Aulava, told the select committee that over decades, the country had implemented legislative and administrative changes. They were aimed at reducing "reliance on youth detention and improving outcomes for young people". "These reforms included expanding diversion options, strengthening community-based services, and introducing trauma-informed and family-centred approaches," she said. New York, US Read moreThe founder of Youth Correctional Leaders for Justice, an association of 75 juvenile justice correctional leaders in the US, told the NSW select committee the country had "made a lot of mistakes" along the way to reducing youth crime rates. Vincent Schiraldi said during the 80s and especially the 90s, there was appetite to "lock kids up", with some 'adult crime, adult time' laws being implemented. To combat large numbers of incarcerated youths, studies were conducted with kids who engaged in crime and programs were developed to address underlying issues. The Close To Home Act placed emphasis on best practice, prioritising investment in neighbourhood resources where young people live. "Since the year 2000, there's been a 75 per cent reduction nationwide in the number of young people in juvenile facilities," Mr Schiraldi said. Proactive approaches in NSW The JRI submitted more than 50 examples of Australian intervention and early prevention programs to the NSW select committee. But Ms Sotiri said some were not funded enough to cause systemic reductions in crime and imprisonment. Ms Stewart said the government had committed $146.3 million in the last budget towards early intervention and diversion programs like Youth on Track and NSW's Safe Aboriginal Youth Program, to help guide young people at risk away from crime. "Many of these intervention initiatives are being co-designed with local communities to ensure they meet local needs, because we understand that there is no one-size-fits-all solution," she said. "Youth Justice continues to monitor and share information with other youth justice jurisdictions, both in Australia and internationally and we work closely with them to implement new initiatives and programs which may be suitable." Ms Catley said last Thursday NSW Police was "pulling its weight" working with young people to keep them out of the justice system and recognised the Police Youth Command's involvement in south-west Sydney. She also mentioned POLEN, where police work with Polynesian communities and involve influential elders to talk about respect and the "path of destruction" crime can cause. "Quite frankly, we need to work together as a community to really identify when these kids are starting to go off the rails and also then having an opportunity for them to have some mentors, to have some opportunity," she said. [Image text:] NSw Police Force