“Posting and Boasting” offence and changes to bail laws for youth offenders

On the 12th of March 2024‭, ‬a significant legislative move unfolded as the NSW government unveiled the Bail and Crimes Amendment‭ ‬Bill 2024‭. ‬

Proposed Bill

This proposed bill signals a seismic shift in youth bail regulations, aiming to tighten the criteria for individuals aged 14 to under 18 seeking bail.

An extra test for 14 to 18 years olds charged with certain offences will need to be met under this new change, specifically that the bail authority must be satisfied with a “high degree of confidence” that the young person will not commit a serious indicatable offence if bail is granted. The new test is embedded within Section 22C of the Bail Act 2013 (NSW) and applies to specific offences such as severe break-ins or motor thefts whilst on bail.

Motor Offences

Specifically for motor offences, the new law targets the following crimes:

taking a conveyance without consent pursuant to Section 15A of the Crimes Act 1900 (NSW);

taking a motor vehicle with assault pursuant to Section 15B of the Crimes Act 1900 (NSW); and

stealing motor vehicle or vessel pursuant to Section 15F of the Crimes Act 1900 (NSW).

Break and Enter Crime

For, serious break and enter crimes, the new law targets those offences under part 4 division 4 of the Crimes Act which carry a maximum penalty of 14 years.

Social Media

In addition, the NSW Government as part of the reforms seeks to tighten laws around posting about crimes on social media. A new Section 154K of the Crimes Act 1900 (NSW) has been introduced, whereby persons disseminating content related to offences of motor theft or breaking and entering may be subject to an extended imprisonment including a two-year supplementary term on top of the maximum sentence for the original offence.

This includes the sharing of any material online to advertise the offender’s involvement in their criminal behavior. The proposed crime does not relate to those who‘re-post’ the video but does apply to those participating and sharing videos of themselves committing these crimes.

Importantly, the new changes have a sunset clause and will cease after a period of 12 months.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.