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Push to raise the age stalls after government deferral
The Council of Attorneys-General has deferred consideration of a proposal to raise the age which means children as young as 10 are still considered criminally responsible.
Tony Zhang
Australia’s attorneys-general have stated that more work is needed before they decide whether to raise the age of criminal responsibility from 10 to 14.
Mr Speakman said when that report did come back it would be “crunch time” for a decision.
“There is an in-principle issue about whether you raise the age of criminal responsibility at all, but if you do, you need to know what is the alternative regime,” he said.
“I think it is ambitious to raise the age to 14 without any carve-outs. We remain to be convinced, but the reason further work is being done is so if people want to convince us they can.”
Law Council president Pauline Wright said that while the decision is disappointing, with the welfare of children in the juvenile justice system at stake, it provides the legal profession and others in civil society with the opportunity to liaise with government to formulate a workable policy framework for non-criminal, therapeutic diversion options for 10 to 14-year-olds.
“These are some of the most vulnerable children in society. Many have been abused or neglected during their short lives,” Ms Wright said.
“Many have cognitive impairments and many come from disadvantaged backgrounds. Aboriginal and Torres Strait Islander children aged between 10 and 17 are 23 times more likely to be in detention than non-Indigenous young people.
“The evidence strongly suggests that a low minimum age of 10 years old does not make our communities safer. Instead, it is likely to entrench criminality and create cycles of disadvantage that heighten reoffending rates.”
According to 2019 figures supplied by the Australian Institute of Health and Welfare, across the country there are around 600 children under the age of 14 in our prisons every year – some as young as 10 years old.
LCA stated that Australia’s laws are out of step with international human rights standards, and out of step with the rest of the world.
Amnesty International Australia (AIA) said in a statement that nearly 600 children aged between 10 and 13 were put behind bars in one year.
The human rights organisation said two-thirds of imprisoned children are Aboriginal or Torres Strait Islander.
“[Everyday] children are trapped in the quicksand of the justice system, is a day longer that they are harmed,” AIA’s Indigenous rights adviser Rodney Dillon said.
“Attorney-General [Christian] Porter is purposefully dragging his feet on this issue and everyone knows it; it’s time for the states and territories to take up the job of raising the age of criminal responsibility as soon as possible.”
