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Top cop Shane Patton calls for police to have the power to detain kids aged 10 to 13

Shane Patton wants police to have the power to detain kids as young as 10 when the age of criminal responsibility lifts, saying officers must be able to protect the community — and the children.

Age of criminal responsibility isn’t why justice system ‘is broken’ for youth perpetrators

Police chief Shane Patton wants his members given powers to detain children aged 10 to 13 when the age of criminal responsibility is lifted to 14.

Mr Patton has told the Herald Sun that he believed his officers needed to be able to hold children of interest in the community in certain cases.

The age change will be introduced in an environment of increasing high-level offending, particularly among 12 and 13-year-olds and often involving recidivists.

Although they will retain authority to arrest and charge for some crimes, such as murder, police are concerned they will have to walk away in other serious cases.

Mr Patton said there was a range of concerning situations which required police to act and protect the community and children themselves.

He said officers needed to have the ability to stop children suspected of carrying weapons or drugs, or driving at high speed, and ask their name and age.

Special detention powers would be vital when a child was a threat to community safety or at peril because of their own vulnerability.

Chief Commissioner Shane Patton says he’s still concerned about the ongoing high levels of youth offending and recidivism. Picture: Jake Nowakowski
Chief Commissioner Shane Patton says he’s still concerned about the ongoing high levels of youth offending and recidivism. Picture: Jake Nowakowski

Mr Patton said police already used youth cautions and diversions extensively to deal with youth offenders who may be best helped by other agencies.

“This isn’t about putting kids in the cells,” he said.

Mr Patton said a range of measures had been adopted in the Australian Capital Territory, among them non-punitive detention powers.

The force has approached the state government about granting that capability after the crime responsibility age shifts.

New figures show there have been continued increases in high level offending among 12 and 13-year-olds.

Common assaults by 12 and 13-year-olds rose from 291 to 452 in the past four years and aggravated robberies from 69 to 133 in the same period.

Mr Patton said without new powers, police would have no options.

“There’ll be a victim of crime but the child won’t be able to be held accountable at law,” he said.

Mr Patton said he remained concerned about the ongoing high levels of youth offending and recidivism, particularly those who were breaking into suburban homes in the dead of night to steal cars.

He said he understood the feelings of distress among victims.

“You can’t measure that. It’s one of the most invasive crimes. That’s what petrifies the community,” Mr Patton said.

Police are running major cross-Melbourne operations to deter and catch youth offenders but Shane Patton says arrests and charges are not the answer.
Police are running major cross-Melbourne operations to deter and catch youth offenders but Shane Patton says arrests and charges are not the answer.

There was also additional danger from those who committed the break-ins then speeding in stolen cars along freeways at more than 200km/h with no driving experience.

“It’s a tragedy waiting to happen,” Mr Patton said.

“We’re just really worried we’re going to have some young kid who is driving at those speeds on a freeway who is involved in a multiple fatality that they’ve caused.”

Police are running major cross-Melbourne operations to deter and catch youth offenders but Mr Patton said arrests and charges alone were not the answer.

Mr Patton said there was an “astounding” correlation between exposure to family violence and youth offending and that keeping children in the education system also remained vital.

“My members do a fantastic job. It’s not just a policing issue. It’s a whole of society issue,” he said.

Attorney-General Jaclyn Symes announced in April that the age at which a child can be arrested, charged or jailed would initially be increased from 10 to 12.

It would then be elevated to 14 from 2027.

Original URL: https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/top-cop-shane-patton-calls-for-police-to-have-the-power-to-detain-kids-aged-10-to-13/news-story/0a0be58d854ebc3da842aca0b2dfb335