Lifting criminal responsibility age in SA to 12 under intense scrutiny as doubt mounts after Victoria abandons key pledge

A new SA landmark bid to lift the age of criminal responsibility is under intense scrutiny as doubts emerge amid fierce debate about the charging of juveniles.

Youth crime is in the spotlight across SA in the wake of serious incidents including car thefts, shopping centre attacks and regional town violence. Picture: iStock

South Australia’s landmark bid to lift the age of criminal responsibility is under intense scrutiny as doubts emerge amid fierce debate about the charging of juveniles.

The state government has been reviewing youth justice laws for the past eight months that include raising criminal exemptions for children aged 10 to 12 except for “serious” offending.

But authorities are closely monitoring a Victorian decision to water down its plans to raise the criminal responsibility age to 14.

Senior SA government sources also told of a growing “risk aversion” among Cabinet amid tensions that a law and order debate may become a damaging state election issue before the 2026 poll.

Premier Peter Malinauskas said officials were being “very deliberate” in considering any changes but warned none would occur “that’s going to compromise public safety”.

The Labor government has no current position on the reforms but Attorney-General Kyam Maher and Police Commissioner Grant Stevens are “continuing discussions” for the review.

Mr Stevens said an “alternative framework” is needed to address police concerns around maintaining public safety.

Youth crime is in the spotlight across the state in the wake of serious incidents including car thefts, shopping centre attacks including at Westfield Marion and regional town violence.

Mr Maher released a discussion paper proposing in January that outlined plans to raise it to 12 except for serious offences including murder, manslaughter, causing serious harm and rape.

In what critics labelled a major policy backdown amid community outrage at her state’s youth crime epidemic, Victorian Premier Jacinta Allan on Tuesday abandoned a pledge to raise the age from 10 to 14 by 2027. Instead it will rise to 12 years.

Doctors, youth welfare and Indigenous leaders, the Greens and legal bodies want the minimum age to be 14.

The legislated age across much of Australia is 10, meaning children that young can be arrested, charged and jailed.

A gang of three boys, aged 15 and 16, have been charged over the Westfield Marion chaos during a fight for a $285 Track Star “hoodie” jumper in June. Picture: Brett Hartwig

Prosecutors have to prove a youth guilty beyond reasonable doubt but also disprove a child younger than 14 being “criminally incapable”, under the legal principle “doli incapax”.

The Council of Attorney-Generals recommended in 2020 raising the minimum age to 14 years “without exception”, according to a secret 140-page draft report published in December 2022.

The Attorney-General’s Department is “carefully” considering a “large volume of submissions” from the review, Mr Maher’s spokeswoman said.

“Whilst the Government does not have a policy position to raise the age, any action taken in this area will first and foremost be concerned with the safety of the community,” she said.

Mr Stevens’ spokesman said his views were consistent.

“His expectation would be if there were change, an alternative framework for protecting the interests of young people who offend, protecting victims of crime and … the community from serious recidivist offenders would need to be in place,” he said.

Greens Upper House MP Rob Simms urged the government to back his calls to lift the age to 14: “It’s grossly immoral that children are being detained in adult prisons.”

Law Society president Alex Lazarevich said he was “disappointed” with Victoria’s decision as evidence found a “criminalisation of young people is not an effective way to reduce youth crime”.

“Raising the age is not a free pass to young people,” he said.

Opposition spokesman Josh Teague said: “We are awaiting the outcome of the State Government’s inquiries and will consider what might be proposed.”

A spokesman for federal Attorney-General Mark Dreyfus KC said Australia’s criminal justice system is “overwhelmingly the responsibility of states and territories”.

“Jurisdictions are working together through the Standing Council of Attorneys-General on measures to prevent children from being caught up in the criminal justice system and in detention,” he said.