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Chris Minns’ new organised crime laws may sound tough, but evidence shows they may not be effective

Sydney’s organised crime problem is real and serious. But Chris Minns’ new laws will not necessarily deliver results.

The New South Wales government has introduced a new legislative package aimed at cracking down on organised crime following several high-profile shootings and deaths. Premier Chris Minns unveiled the package, which includes new offences, potential life imprisonment for conspiracy and attempted murder, expanded youth offending provisions, and $15 million for police technology. However, there are concerns that these tougher laws may not be effective in reducing violence.

Research suggests that increasing the severity of penalties has little to no deterrent effect. A review by the Victorian Sentencing Advisory Council found that the threat of imprisonment generates only a small general deterrent effect, especially for children. Many of those involved in criminal networks, including some as young as 14, are driven by financial incentives and lack rational consideration for potential consequences.

Police Commissioner Mal Lanyon acknowledged that these young people are "acting for a very small amount of money without thinking about what the consequences are."

Interim Serious Crime Prevention Orders, which allow police to restrict the associations, movements, and access of suspected organised crime figures before a full order is considered, may be the most defensible aspect of the package. These measures could disrupt criminal networks and limit communications between offenders and their associates.

However, these orders are based on the premise of reducing the likelihood of being caught, rather than solely on the severity of the sentence. The introduction of such measures mirrors the expanding use of control orders in Australia, which have been criticized for eroding procedural fairness and rights, particularly in relation to counterterrorism efforts.

The expansion of indictable offences for children linked to organised crime is particularly problematic. The proposed laws would allow children to be tried in adult courts and face harsh adult penalties for a wider range of conduct. This does not address the root cause of why and how vulnerable young people are recruited into criminal networks.

Instead of focusing on tougher laws, the government should prioritize invested intelligence-led policing and programs aimed at diverting young people from criminal recruitment. The evidence consistently points to a combination of approaches rather than relying solely on tough laws to address the ongoing organised crime problem in Sydney.

Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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