Minns in fresh bid to break NSW youth crime crisis

NSW children as young as 10 could face tougher criminal penalties under controversial new laws designed to tackle the state's growing youth crime crisis.

Children aged 10 to 13 years old could face tougher consequences for participating in a crime under controversial new laws to be introduced by the Minns government.

The government has been under mounting pressure to tackle a youth crime crisis, especially in the bush where young offenders are routinely released back into the community only to reoffend.

The new laws will make it easier for prosecutors to rebut doli incapax – the legal presumption that children aged 10 to 13 lack capacity to be criminally responsible.

To rebut doli incapax and secure a conviction for children aged 10 to 13, prosecutors need to prove the child knew their actions were seriously wrong.

The changes to the Children (Criminal Proceedings) Act 1987 will put the current doli incapax test into law and give courts clearer rules for deciding whether a child understood their actions were seriously wrong.

The government has been under mounting pressure to tackle the youth crime crisis. Picture: Richard Dobson

The Government will also strengthen and modernise the Young Offenders Act 1997 to provide NSW Police and courts with additional tools to respond to youth offending.

The government argues the new laws – to be introduced into state parliament today – will give police and the courts stronger tools to interrupt youth offending earlier and keep communities safe.

Premier Chris Minns said the reforms were designed to address a gap where some children were offenders “without any real consequence”.

“These reforms are about stepping in earlier, giving police and the courts clearer tools, and making sure young people who are putting themselves and others at risk don’t simply fall through the cracks,” he said.

Police and Counter-Terrorism Minister Yasmin Catley said the changes to the young offenders law would give kids greater access to diversionary options that steer them away from crime.

“For too long, the system has left a gap where some children were offending without any real consequence, support or intervention. That isn’t good for those young people and it certainly isn’t good for the community.

“These changes are practical, responsible and designed to stop a pattern of behaviour before it becomes entrenched.”

Police and Counter-Terrorism Minister Yasmin Catley said the changes to young offenders law would give kids greater access to diversionary options “to help steer them away from a life of crime”.

Premier Chris Minns said the reforms were designed to address a gap where some children were offending “without any real consequence”.

“Police are doing everything they can to keep communities safe. They are in the community every day, not only arresting offenders but working with kids to steer them onto the right path,” she said.

“We all want our community to be safe and better outcomes for young people, but police can’t do this alone – which is why we’re announcing this reform.

“We’re expanding the Young Offenders Act to give more kids access to diversionary options to help steer them away from a life of crime.

Dubbo Regional Council mayor Josh Black said the new doli incapax legislation had potential but must be accompanied by continued investment in breaking the cycle of youth crime.

“I think it will be welcomed by a lot of people in regional areas, but there is also a need for diversionary programs that help break the cycle,” Cr Black said.

“We can’t police our way out of the crime crisis and jail our way out of it either.”

Dubbo Regional Council Mayor Josh Black said harsher penalties alone are not enough. Picture: Rohan Kelly

Cr Black said children need to be prevented from embarking on the path towards crime to early on, rather than solely focusing on harsher penalties.

“We need massive input from the state government in particular into diversionary programs,” Cr Black said.

“It has good potential if it goes hand in glove with strategies to stop them getting into crime – we need both.”

Barwon state independent MP Roy Butler said the legislation provided a platform for the next step in improving the juvenile justice system by allowing judges to mandatorily refer offenders to residential programs.

“I expect to see further amendments next June that will allow both self-referral and court-mandated referral to residential youth programs to challenge and change young offenders’ behaviour,” Mr Butler said in a statement.

The MP said offenders engaged in violent behaviour were not in his scope for these programs.

“The Premier has agreed to a trial area in Walgett, Coonamble, Brewarrina and Bourke aimed at changing behaviour,” Mr Butler continued.

“This is on the back of a review of existing government-funded youth services, because we don’t think that some of these even exist, they are ghost services.”

Funding for diversionary programs particularly in school holidays and a review of funding, accountability and outcomes of local youth services were also on Mr Butler’s agenda.

“It takes a whole village to raise a child, and this announcement provides a platform, making it possible for local place-based solutions to youth crime,” Mr Butler said.

Originally published as Minns in fresh bid to break NSW youth crime crisis