Police union lobbying MPs not to raise criminal responsibility age

The state’s police union fears an “ill-conceived” legal change being pushed by the Greens would turn kids into targets for organised crime recruiters.

Bikie gangs and other organised crime groups will lure children into their illegal enterprises if a move to increase the age of criminal responsibility succeeds, it is feared.

The state’s police union believes the Greens move is “ill-conceived and simplistic’’ and will have a wide range of consequences – including placing even more strain on stretched police resources – if it succeeds.

Senior police also believe the move to increase the age of criminal responsibility from 10 to 14 years will result in an increase in repeat offenders because youths will not learn from their wrongdoing by participating in youth justice interventions that teach them to learn “right from wrong in their formative years”.

They also believe the move will severely limit the ability of police to protect the community from such offenders because they know they will not be punished, even if repeatedly caught.

Police Association president Mark Carroll has written to all state MPs urging them to oppose the move and explore other strategies to prevent youth offending.

Mark Carroll, President of the Police Association of South Australia. Picture: Supplied

“The fundamental point we seek to make is that any consideration whatsoever to amend the current minimum age should include substantial consideration to a range of sophisticated and co-ordinated evidence-based measures to address the root causes of youth offending,’’ he states.

Mr Carroll said the association was already aware of behaviour committed by children younger than 10 that constitutes serious criminal conduct – but for the legislative age of criminal responsibility – that police could not act on.

“The association and other police unions are aware that organised criminals – who are cognisant of the current age of criminal responsibility and the general leniency shown to young offenders by the Youth Court – actively recruit young people to commit crimes,’’ he said.

“The association submits that raising the age of criminal responsibility to 14 will merely increase the catchment group of potential recruits to organised criminals and their enterprises.

“In all probability, it will condemn these recruits to a lifetime of crime and the consequences that will invariably flow to the victims, individual and society.

“Additionally, the over-representation of First Nations children in the youth criminal justice system is a challenge for all Australian jurisdictions. These are issues which require an urgent, concentrated, properly funded and co-ordinated national response.

“They will not be substantively addressed through simplistic stand-alone measures, such as those proposed in the Bill.’’

Robert Simms MLC. Picture: Matt Loxton

Attorney-General Kyam Maher. Picture: Matt Turner.

Greens MLC Robert Simms, who last month introduced his private member’s Bill to increase the minimum age of criminal responsibility, said a range of organisations had been calling for the change for some time.

“Other jurisdictions, the ACT and Tasmania have committed to doing this, so this isn’t something that has come out of the blue. It is an idea that is gathering steam internationally and in other jurisdictions in Australia,’’ he said.

“One of the things we all need to look at as members of parliament is what can we do to prevent children being caught up in the criminal justice system. By raising the age of criminal responsibility, that ensures there is a focus on other early intervention programs.

“My view is that children don’t belong in prison – the focus when we are talking about children should be early intervention to ensure they achieve their full potential in life.’’

Mr Carroll said the association was “significantly concerned’’ at the impact on police resources if the move was successful.

“Police will have no options to intervene in respect to young offenders who actually require detention for their own and or the community’s safety,’’ he said.

“Yet we can be assured that valuable police resources will be occupied in attempting to address the aftermath of behaviour …”

Police Commissioner Grant Stevens declined to comment on the move, stating any legislative change was a matter for the government, but he “would provide advice”.

Attorney-General and Aboriginal Affairs Minister Kyam Maher said the minimum age of criminal responsibility was “of significance’’ to him in both roles he held.

“The government is closely considering what other jurisdictions, in Australia and internationally, have done to evaluate what has worked in this area. We will consider the Greens’ Bill in due course in the context of the work we are doing,” he said.

An opposition spokesman said the proposed legislation “will be considered at a joint party meeting in due course”.

Mr Simms said a timetable for a vote had not been set, but he hoped it would be dealt with during the current parliament.