Shannon Deery: Jacinta Allan’s move on age of criminal responsibility shows she’s not just Dan Andrews’ apprentice

Jacinta Allan’s decision to shelve raising the age of criminal responsibility to 14 is politically smart as she reveals she’s more than happy to ditch the experts in favour of public opinion.

Jacinta Allan’s decision to abandon raising the age of criminal responsibility from 10 to 14 is a politically smart move.

It will anger the experts and activists, but will be a winner in the court of public opinion.

Allan was never personally attached to the policy she inherited from her predecessor, who boasted that Victoria would go it alone as the first state in the nation to raise.

Daniel Andrews made being socially progressive his schtick, whether or not he personally believed in the policies he was peddling.

Allan’s move will come under fierce criticism from legal experts and human rights groups who will accuse the government of being paranoid about being wedged on law and order issues.

They will point to evidence-based reform and argue that raising the age isn’t only sensible, but that it’s urgent.

Daniel Andrews made being socially progressive his schtick, whether or not he personally believed in the policies he was peddling. Picture: Getty Images

But in the face of a spate of fatal youth crimes, and worsening polls, she was forced to act.

And in almost a year in the job Allan has shown she’s more than happy to ditch the experts in favour of broader public opinion.

Amid concerns she is failing to create a narrative for herself, the one that has begun to emerge is that she’s not merely Dan’s apprentice.

She has walked back a likely duck hunting ban, killed off a second CBD injecting room, and now backflipped the government’s commitment to raising the age to 14.

It will push ahead with raising the age to 12, bringing Victorian in line with international standards.

But that will be a much easier sell for the government.

Latest government data shows there are no 10 or 11 year olds in remand or serving a sentence order in Victoria and there haven’t been for years.

Nor are there 10 and 11 year olds subject to any form of non-custodial orders.

If youth crime is a problem among those under 12, it is a very small and manageable problem.

Offences committed by 10 and 11-year olds in the last year made up around 0.1 per cent of all offences, in line with long running trends.

Amid concerns Jacinta Allan is failing to create a narrative for herself, the one that has begun to emerge is that she’s not merely Dan Andrews’ apprentice. Picture: David Geraghty

It is internationally accepted that locking kids up is in many cases futile, and also heightens the risk of recidivism.

No one is arguing with that.

But voters wouldn’t have given Allan a hall pass for turning a blind eye to the current youth crime crisis and making it impossible to hold problem teens to account.

Legislating the doli incapax rule — which requires proof accused children under 14 knew their actions were very morally wrong — will ensure it is universally applied.

Which means only the most serious offenders should be caught up in the criminal justice system.

Raising the age was always going to be a tough balancing act for the government.

Balancing the interests of community safety with the interests of young offenders will be key to striking the right chord with any legislative change.

In ditching plans to go to 14, Allan just may have done that.