Opinion Piece - 29/10/2024
Raising the Age of Criminal Responsibility. A step Towards Justice.
In June of this year, Victoria took a bold and necessary step in the right direction by raising the age of criminal responsibility from 10 to 12. This decision, though long overdue, reflects a growing understanding of childhood development and the importance of rehabilitation over punishment.
It also aligns Victoria with more global standards and demonstrates a commitment to protecting the rights and futures of children.
" A 10-year-old child, could be arrested, charged, and subjected to the full weight of the criminal justice system. "
For decades, Australia has been criticized for having one of the lowest ages of criminal responsibility in the world.
A 10-year-old child, barely half way through primary school, could be arrested, charged, and subjected to the full weight of the criminal justice system. This practice fails to consider the developmental stages of children. Try and remember what you were like as a ten-year-old. At such a young age, a child's brain is still developing, particularly in areas related to decision-making, impulse control, and understanding the consequences of their actions. It is neither fair nor effective to hold them to the same standards as adults or even older teenagers.
Raising the age to 12 is a positive move, but it should be seen as a starting point rather than the end goal. Many experts, including those from the United Nations, advocate for raising the age to at least 14, citing extensive research that indicates young adolescents are still highly malleable and more responsive to rehabilitative measures than punitive ones. By setting the age at 12, Victoria acknowledges this research and the need for a more compassionate approach to juvenile justice.
Critics of this change argue that it could lead to an increase in juvenile crime or that it sends the wrong message about accountability.
However, these concerns overlook the root causes of juvenile offending.
Most children who come into contact with the criminal justice system come from backgrounds of poverty, abuse, neglect, or trauma. Criminalizing them does not address these underlying issues; it only perpetuates a cycle of disadvantage and marginalization . Instead of punishment, these children need support, education, and opportunities to break free from the circumstances that led them astray.
Andrew Bruun, the chief executive of the Youth Support and Advocacy Service in Victoria, which provides a range of outreach and support programs for young people, says he is broadly supportive of the change. Stating that most youth offenders had previously been “disconnected”. “Whether that’s family, their community, their culture but maybe even from sports clubs, school and work,” he says. “Then they find other young people involved in what you might call high-risk or antisocial behavior, which often involves crime and that becomes part of what they do together. That’s part of how they form their identity. So we have to help young people develop a different identity.” Bruun adds: “If you get to know them, they do care about things."
"They’re not bad people, they’re just making bad decisions.”
Victoria’s decision to raise the age of criminal responsibility marks a vital step toward a more compassionate youth justice system. Prioritizing support over punishment aligns with research on child development and highlights the potential within every young person. This reform is not just about changing laws but about building a society that values rehabilitation and resilience, empowering young people to grow into responsible, contributing members of our community.
