Landmark push to lift age of criminal responsibility quietly axed as shock new FOI data lays bare state’s youth crime crisis

Children as young as 10 have been charged with sex crimes, shocking new statistics show, as authorities make a huge call on plans to let young offenders walk free. See the data.

Westfield Marion was locked down last year after a teen brawl in the food court. Picture: Brett Hartwig

South Australia’s worst repeat teen criminal was a 14-year-old who amassed more than 130 crimes in a year, official figures show, as authorities dump landmark plans to overhaul youth laws.

New courts data, released under Freedom of Information laws, show almost 25,000 children or teenagers were charged with a crime amid record offending over the past five financial years.

As authorities quietly abandon plans to lift the age of criminal responsibility, statistics lay bare the state’s youth crime crisis as more offenders breach bail and accrue dozens of charges in a year.

Three teens were arrested after a wild brawl in Rundle Mall. Picture: 7NEWS

More than 30 children aged 10, 11 or 12 faced serious sexual allegations.

Youth crime has been in the spotlight after serious incidents including car thefts and chases, major shopping centre attacks using weapons and rising regional town violence.

The state government reviewed youth justice laws for 13 months, which included overhauling criminal exemptions for children aged 10 to 12.

The legislated age is 10, meaning children that young can be arrested and charged.

A discussion paper last year flagged raising that minimum age to 12 years except for murder, manslaughter, serious harm or rape cases.

But amid fierce debate about how juveniles are treated and high-level concerns about undermining safety, Premier Peter Malinauskas has vetoed the push. National plans have also collapsed.

Senior government sources said the review was considered but it wasn’t a “priority”.

“We have decided that from a victims perspective it is difficult to argue there should be no consequences for the actions of perpetrators even as young as 10 or 11,” one said.

“At this stage, no one has actually put forward a proposal to effectively deal with young people who commit offences.”

Attorney-General Kyam Maher said there was no policy position but authorities were working on how best to respond to youth crime “drivers”. “Any reform … would have to ensure it increases community safety,” he said.

Courts Administration Authority records show a record 5873 offenders aged between 10 and 17 were charged last year – a 50 per cent increase since 2021 – including 420 for a “sexual offence”.

Most common crimes were breaching bail, stealing, building or car damage and domestic violence. Youth Court figures show two 14-year-olds were charged in 12 months with 131 and 128 separate counts over the past two years.

Six teenagers were arrested outside the Arndale Shopping Centre in June last year – two of whom were found with knives. Picture: 9News

A 12 year-old offender was also charged 119 times in 2021/22 while 73 underage recidivist offenders have faced 50 or more counts since 2019.

No crime details were released. State law bans identifying underage youth offenders.

Serious offenders face court but youth laws stipulate rehabilitation with cautions, warnings or family conferences. Opposition spokesman Jack Batty called for a bail law review as Labor had “clearly lost control” of crime while youth gangs “run rampant”.

“It’s no coincidence these louts continue to reoffend, when there are no consequences for their actions, it’s simply rinse and repeat for these thugs” he said. “We need a full time focus on youth crime … and a system that breaks the cycle of repeat offending.”

Victims’ Rights Commissioner Sarah Quick said trauma “is the same, regardless of an offender’s age” as she called for better, early intervention.

“If we fail young people, we also fail victims and the community,” she said.

Acting Assistant Police Commissioner John De Candia said officers were frustrated at bail conditions being ignored but officers were proactive with checks.

“It’s pretty sad that they’re committing those offences as a 10 … 11 and a 12 year old, when they … should be home, tucked up in bed and ready for the school day,” he said.

“It’s just one of those really frustrating things. There’s plenty of examples of people coming from significant hardship (and) becoming successful.

Jack Batty accused Labor of “losing control” of youth crime. Picture: Russell Millard Photography

Attorney-General Kyam Maher said the government had introduced several tough laws to combat youth offending. Picture: Brett Hartwig

“It’s not about poor me. Well, not pour me another whiskey – have some responsibility.”

Youth Court Judge Penny Eldridge directed policy questions to the government and police.

But she said she was aware of “several working groups” endeavouring to “operationalise best practice models to address youth offending”.

“When sentencing youths, the Youth Court is required to adhere to the objects and statutory policies set out in the Young Offenders Act 1993.”

Mr Maher said SA had one of the nation’s lowest youth offender rates.

He said the government had introduced Australia’s toughest knife laws, a “posting and boasting” crackdown on filmed and crimes shared online and had passed the nation’s toughest penalties on criminal ringleaders recruiting children.

He said better electronic monitoring helped detect bail breaches more effectively.

“We won’t tolerate groups of young people committing violent acts and putting the community at risk,” he said.

Originally published as Landmark push to lift age of criminal responsibility quietly axed as shock new FOI data lays bare state’s youth crime crisis