State government plans to raise the age of criminal responsibility means hundreds of children will no longer be charged
Young thugs arrested over high-level crimes will no longer face charges because of the Andrews government’s move to raise the age of criminal responsibility.
Police & Courts
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Hundreds of children aged under 14 were arrested in a year for high-level crimes that will no longer result in charges.
Victoria Police figures reveal 226 children aged 11 to 13 were charged with the offence of serious assault in the year to September.
Of those, 159 were aged 13.
State government plans to raise the age of criminal responsibility means those children will no longer be charged.
The numbers also show that children aged 11-13 were charged with 120 aggravated burglaries. A total of 22 were charged with assaulting police, emergency services or other authorised officers. Nine 13-year-olds were charged with rape and 15 with stalking.
There are concerns among police that they will only be able to intervene to stop an imminent crime.
They believe they will not be able to use warrants based on evidence that a 13-year-old has committed a crime, meaning they may be used to hold drugs or weapons. There is a fear “swarming” offences will go through the roof.
Daniel Andrews has threatened to ditch the national process and go it alone on raising the age of criminal responsibility.
He said locking up children as young as 10 was “not right” and that Victoria would no longer be held back by other states and territories.
One police source said no one was suggesting children under 14 should be locked up in anything but the most extreme cases.
But the officer said the force should be able to do more than just talk to “put the brakes” on the worst offenders.
“You’ll be just giving them a talking to. What’s that going to do,” the source said.
There are already concerns about the amount of recidivism among young criminals and there are predictions that will worsen under the new criminal responsibility arrangements.
One of the concerns is that older teens will encourage friends and siblings under 14 to commit crimes for them, knowing they cannot be charged. The Herald Sun revealed last week that dozens of young criminals on a statewide watchlist were arrested more than 10 times in the past year.
Opposition Criminal Justice Reform spokesman Brad Battin said a new approach was needed.
“Too many young and vulnerable Victorians continue to get caught up in serious offending because the supports to keep them on the right path simply are not there or are not working,” he said.
“It is clear a more-of-the-same approach will not work. We need a holistic plan to get at-risk young Victorians job-ready and keep them connected to community, so they can make a positive contribution to society.
“The Victorian Liberals and Nationals are committed to working constructively to reform our criminal justice system so it delivers a safer community.”
A Victorian Government spokesperson said in a statement:
“Any change to the minimum age of criminal responsibility needs careful planning to determine the most appropriate settings so that the best outcomes are achieved for children while ensuring the safety of all Victorians.
“Victoria will continue to work with other jurisdictions to consider the detail of any increase to the age of criminal responsibility but reserves the right to make further announcements in this space later down the track.
“In the meantime, we’re continuing to tackle the root causes of youth offending – because the best outcome for young people is to avoid contact with the justice system in the first place.”