NT Statements Made by Young People in Protected Interviews Cannot Be Used in Court and Police Can Hold Charged Youth for Up to 48 Hours

Youth Justice and Criminal Code Amendment Bill 2026

22 Jul 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

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Topics

child protection corrections workers criminal justice criminal procedure juvenile detention law enforcement legal rights police powers public safety youth justice

Introduced by: The Hon Gerard Maley MLA (CLP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

It is now a crime to assault corrections workers; this includes officers, superintendents, and facility staff.
Police officers get immunity when performing functions under the Youth Justice Act 2005.
Police or watch house staff can hold a charged young person at a police station or watch house for up to 48 hours if they cannot be moved to a detention centre sooner.
Youth can be held in intake and transfer facilities to await a move to a detention centre; this applies even if they first went to a hospital.
Superintendents can search detainees for safety or prohibited items; the rules for these searches differ based on whether the youth is inside or outside the facility.
Police must tell youth they have a right to silence, a right to a lawyer, and a right to a support person before interviews.
Police cannot interview a youth if that youth uses their right to silence.
Police can conduct urgent interviews about public safety; they must tell the youth that these specific statements cannot be used against them in court.
Police officers can invite young people to a 'protected interview' to get information about a crime or check if they can join a diversion program. Anything the young person says in this interview cannot be used against them in court.
During a protected interview, police must tell the young person they have the right to stay silent, the right to a lawyer, and the right to a support person. A support person must be present for the interview to happen.
Police cannot conduct a protected interview if the young person chooses to stay silent.
Police can invite young people to an 'urgent protected interview' about serious and urgent public safety matters. Anything said in these interviews cannot be used against the young person in court.
When interviewing young people under standard rules, police must tell them they have the right to a lawyer and a support person, but warn them that their statements can be used against them in court.
Staff can use force to stop a youth detainee from escaping, to arrest them, or to move them to and from a detention centre.

The Debate

What different members said when this bill was debated:

Gerard Maley CLP

“Mr Deputy Speaker, I present a Bill entitled Youth Justice and Criminal Code Amendment Bill 2026, Serial 66, and table the explanatory statement. I move that the Bill be now read a first time.”

Official source →

Marie-Clare Boothby CLP

“Madam Speaker, I move that the Bill be referred to the Legislative Scrutiny Committee for report by 8 July 2026. Motion agreed to. VISITORS Honorary Consul General of the Philippines Madam SPEAKER: Honourable members, I advise of the presence in the gallery of His Honour John Rivas AM, Honorary Consul General of the Philippines, and his wife, Mrs Edna Rivas, and their family and friends.”

Official source →

Chanston Paech ALP

“Madam Speaker, every Territorian should be able to expect that their child, parent, cousin or sibling will be safe when they come into contact with the police or the justice system. That expectation should apply regardless of their background, where they live and of their age. It should apply to victims of crime, police officers, Corrections workers and frontline staff.”

Official source →

Andrew Mackay CLP

“Madam Speaker, I thank the Member for Gwoja for his nice and thoughtful if not misguided speech that we just heard. The Territory has seen the Member for Gwoja’s vision for the youth justice system. The Territory has seen what the Labor vision for it is, and Territorians know that they cannot trust Labor.”

Official source →