Victoria to raise age of criminality to 12

Andrews government ministers have agreed to raise the age of criminal responsibility ahead of a meeting with Attorneys-General across Australia.

The state’s former chief magistrate urged against further raising the age of criminal responsibility to 14 after Victorian ministers this week agreed on a plan to increase it from 10 to 12.

Nick Papas, KC, on Tuesday backed the move to lift the minimum age a child can be ­arrested, charged or jailed to 12, saying only a “small cohort” in the younger age bracket came to the attention of police.

Victorian cabinet ministers on Monday agreed to push ahead with contentious legislation to increase the age of criminality from 10 to 12 ahead of a national meeting on Friday with Attorneys-General across the country.

However, sources familiar with discussions said the state government would look to move to 14 in the future.

Victoria is pushing ahead with contentious legislation to increase the age of criminality from 10 to 12.

But the top Victorian silk, who continues to switch between prosecuting and defending high-profile accused, warned against going further than 12.

“It’s a really difficult issue,” Mr Papas told the Herald Sun.

“I am not convinced that 13 to 14-year-olds do not know right from wrong.”

The issue of raising the age of criminality has been on the government’s agenda for years, but Premier Daniel Andrews only this year threatened to ditch a national process and go it alone. But he has for months refused to say at what age he would be comfortable with drawing the line, before reports emerged on Friday that it would be 12.

Mr Papas said Victoria should not take a different stance to other states and territories.

“I think it should be, definitely, a unanimous view,” Mr Papas said.

“You can’t have one kid in Mildura being treated differently to another kid in a town over the border.”

He said if the age was lifted to 14, the boy that age who was charged earlier this month with murdering his teen friend’s mother in Abbotsford would not have been deemed criminally responsible.

Former Justice Party MP Tania Maxwell said she didn’t believe there was any justification to raise the age.

“We are seeing some young people committing some horrendous crimes,” she said.

“There are so many stabbings and a lot of it is coming from young kids, so there is an opportunity for this to lead to more crime.”

Ms Maxwell said youth justice services were struggling to deal with vulnerable children and that there wasn’t enough support to facilitate such a change.

Shadow Attorney-General Michael O’Brien said “strong legal safeguards” were already in place to protect children.

“Raising the age of criminal responsibility to 12 will mean that 10 and 11-year-olds who knowingly commit crimes – including against other kids – will have no legal accountability for their actions,” he said.

“It is for Labor to explain how this will promote a safer or more just community.”

But health professionals, social service groups and Aboriginal advocates have all called for the age to be increased to 14.