ACT moves to raise age of criminal responsibility

Advocates backing moves designed to reduce the number of children incarcerated in the ACT fear the plan to raise the age of criminal responsibility could include ‘carve-outs and exemptions’.

Critics of a plan to gradually increase the age of criminal responsibility are calling on the ACT government to immediately raise the age to 14 without “carve-outs or exemptions”.

This week, the government revealed a plan to introduce a bill next year to raise the age of criminal responsibility initially from 10 to 12 and then from 12 to 14 after two years.

ACT Attorney-General Shane Rattenbury said the staggered approach to raising the age would allow the government to implement a range of support services to support children who would otherwise be criminalised.

“This is a significant and complex change, being led by the ACT, and we will implement it thoughtfully and effectively,” Mr Rattenbury said.

The ACT Government has released a plan to raise the age of criminal responsibility. Picture: Supplied

“The government has undertaken extensive consultation on this complex change with expert policy makers, key stakeholders and the wider community.

“We have taken this time to consider the different needs of stakeholders, families, victims and the young people themselves, which will feed into the legislation and system changes.”

The plan also stated the government would draft legislation to include exceptions for 12-13 year olds to be charged if they are alleged to commit “the most serious” offences.

These offences would include murder and sexual assault.

The staggered-plan has still drawn the ire of advocacy organisation Change the Record which has long campaigned for the age of criminal responsibility to be increased.

Change the Record acting executive Damiya Hayden said the organisation was “really worried for the 12 and 13 year old kids who will remain behind bars” because of the proposed staggered approach.

“Incarcerating children causes lifelong harm, and this harm is disproportionately done to First Nations children,” Ms Hayden said.

“We’re seriously concerned the legislation could contain carve-outs and exemptions for some young kids.

“Carve-outs and exemptions fly in the face of the consensus of medical, legal and human rights experts, Aboriginal community-controlled organisations and social services.”

Ms Hayden said children, especially those under 14, “aren’t capable of assessing risk, predicting consequences of their actions, or controlling their impulses”.

“It’s not credible to suggest that kids can be held criminally responsible for some behaviours but not others,” she said.

“When kids get into serious trouble, it’s because they’ve been failed by systems that were meant to support them and keep them safe.

Damiya Hayden from Change The Record said the ACT government should immediately raise the age of criminal responsibility to 14. Picture: supplied

“The ACT government still has the chance to do the right thing and urgently raise the age to at least 14, with no carve-outs or exemptions.”

ACT families and community services Minister Rachel Stephen Smith said the government’s plan highlighted the importance of providing holistic and therapeutic support for vulnerable children at risk.

“The aim of minimum age of criminal responsibility reform is to improve outcomes for children and young people who are at risk of encountering the justice system and to improve community safety by preventing escalation of harmful behaviours,” Ms Stephen-Smith said.

“Raising the age alone will not achieve this aim – the alternative service response will be vital.

“As part of this work, the ACT Government is working closely with experts and service providers to enable earlier intervention and provide more family-based supports.

“This includes evidence-based, wrap-around support for children and young people who are involved with child and youth protection, police and other services to help set them on a healthier path.”

Across all states and territories in Australia, the age of criminal responsibility is 10.

In October, a bill to raise the age of criminal responsibility was tabled in the NT Legislative Assembly.