Raising age of criminal responsibility to 14 a ‘bridge too far’: former commissioner

Raising the age of criminal responsibility to 14 would be a “bridge too far”, says former police commissioner Bob Atkinson. VOTE IN OUR POLL

Raising the criminal age of responsibility to 14 would be a “bridge too far” and Australia could investigate a “hybrid” model where younger children would still be held responsible for serious crimes like murder or rape, former Police Commissioner Bob Atkinson said.

In his address to the Community Support and Services Committee’s public hearing, Mr Atkinson said he did not personally support raising the age of criminal responsibility from 10 to 14, as proposed by Greens MP Michael Berkman.

Australia’s attorneys-general are currently working towards raising the age to 12, while the ACT has committed to 14.

“There is no simple solution to this. There is no quick fix,” said Mr Atkinson, who wrote the Atkinson Report on Youth Justice in 2018.

Mr Atkinson said that anecdotally, recidivist juvenile offenders were getting younger.

“Young people are committing more serious offences (and) certainly that would be something that would need to be carefully considered,” he said.

Former Queensland police commissioner Bob Atkinson

He said he was aware of a “hybrid” model that had been used internationally where the age of criminal responsibility had been raised – except in cases where the child was accused of committing a serious crime.

“There are different models – one is a hybrid model … that some jurisdictions have put into place,” he said.

“For 10 to 12-year-olds, hypothetically, serious crime would still be in scope – so murder, rape, armed robbery and violent and serious crime is still in scope – but perhaps offences that are regarded as less serious would not be.

“It would be fundamentally important though, that if we were to raise the age of criminal responsibility from 10 to any other age, that there is a capacity to properly and effectively deal with young people who otherwise would be committing offences.

“I am not pretending to be an authority on what happens in Australia, but these are complex and difficult issues and I don’t know that any jurisdiction in Australia is yet in a position to be able to do that.”

He said it was disappointing that the ACT was planning to raise the age of criminal responsibility to 14, saying Australia needed to have a national approach.

“To me, it would seem very unfair that a 10-year-old would do something in Tweed Heads that’s not an offence – but if they stepped over the border into Coolangatta, it would be,” Mr Atkinson said.

Any change to the law needed to focus on public safety, he said.

“To me personally, the greatest concern at the moment with young people is the theft of motor vehicles and the dangerous driving of motor vehicles and the tragic consequences that can arise from that,” Mr Atkinson said.

Queensland Police Union president Ian Leavers told the committee a whole-of-community response was needed across the state to help divert children from a life of crime.

Queensland Police Union president Ian Leavers

“It is not our job to do everything in communities right across the state of Queensland but we are the only ones who are there 24/7,” he said.

“Prior to the age of 10 the criminal justice system ... we can take no action, we can caution, diversion, mediation and an arrest is the last resort that we resort to.

“We try to do all we possibly can to keep them out of the criminal justice system, but it does give us a tool to look at other programs and support for young people.

“And if that is taken away we will lose the right.

“What do we do if a 13-year-old stabs a teacher at school? No one is criminally responsible; the offence has still been committed.

“How can we get in at an earlier age to educate and support young people so we can lead them away from a life of crime?”