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Age of criminal responsibility is ‘out of step with the rest of the world’
Following the release of its road map to raising the age of criminal responsibility, the ACT AG has pledged to “provide better alternatives” to children in custody.
Lauren Croft
In October, the ACT outlined its plan to raise the age of criminal responsibility in a new report. Currently, children as young as 10 years old can be imprisoned, arrested, and strip-searched across the country.
Speaking to Lawyers Weekly, ACT Attorney-General Shane Rattenbury said that putting children in prison could negatively affect the trajectory of the rest of their lives and “increases the risk they will be involved in the adult criminal justice system as they grow up”.
“In committing to raising the minimum age of criminal responsibility, we recognise the reality that some children and young people can, and do, cause harm to themselves or others. The ACT government must have effective systems in place to support these children and young people, and their families, as well as safeguarding the community, when the age is raised,” he said.
“The independent review that was published in October clearly shows the work and reforms we need to consider in the coming months and years and highlights the importance of early, coordinated and sustained help for children and their families.
“This review doesn’t deter us from the challenge ahead though. In fact, now we know how to make it happen. We know the importance of this reform, and we remain committed to raising the minimum age of criminal responsibility.”
Earlier this year, Australia received 250 recommendations from over 120 countries to examine and update its laws so that they are in line with international expectations.
In addition, dozens of organisations have previously called on NSW Attorney-General Michaelia Cash to raise the age of criminal responsibility – and according to 2019 figures from the Australian Institute of Health and Welfare, approximately 600 children under the age of 14 across the country are in Australian prisons every year. In 2019-20 alone, 499 children aged between 10 and 13 were imprisoned, 65 percent of whom are Aboriginal or Torres Strait Islander children.
“Australia’s minimum age of criminal responsibility of 10 is well and truly out of step with the rest of the world, and we have been chastised for this by the United Nations Committee on the Rights of the Child. With the right supports in place, and a well-resourced youth sector, we can provide better alternatives to custody for children under 14,” Mr Rattenbury added.
“We hope our progress on this issue demonstrates to other jurisdictions in Australia that raising the age is not only the right decision, but there is a practical pathway forward, and it’s supported by the community.
“Legislation to raise the minimum age of criminal responsibility in the ACT is expected to be introduced in 2022.”
Lauren Croft
Lauren is a journalist at Lawyers Weekly and graduated with a Bachelor of Journalism from Macleay College. Prior to joining Lawyers Weekly, she worked as a trade journalist for media and travel industry publications and Travel Weekly. Originally born in England, Lauren enjoys trying new bars and restaurants, attending music festivals and travelling. She is also a keen snowboarder and pre-pandemic, spent a season living in a French ski resort.
