Youth Bail Laws Extended To 2028

On 15 September 2026, the NSW Government introduced legislation to keep section 22C of the Bail Act 2013 (NSW) in force until April 2028. The strict bail test for young people accused of repeat car theft and break and enter offences and was due to lapse on 1 October 2026 before the extension. Alongside this, the Government announced an $8.4 million voluntary diversion pilot in Tamworth for children aged 8 to 13, to start by early 2027.

These changes come at a time when youth crime is a contentious election issue, with the Opposition pledging “adult crime, adult time” laws within its first 100 days if it wins next year’s state election.

The general direction of legislating has echoed this sentiment, reflected by NSW recently codifying doli incapax principles in legislation – Latin for ‘incapable of wrong’. This is the notion that children under 14 years old cannot be criminally responsible for their actions because they lack the required mental capacity. The statutory enshrinement