Edith Cowan University publishes minimum age of criminal responsibility study

After the NTG’s move to drop the minimum of age of criminal responsibility to 10, a report has concluded “enhancing public knowledge” will put pressure on governments to raise the age.

Edith Cowan University has released a new study investigating public knowledge and perceptions on the minimum age of criminal responsibility.

Following the Territory Government’s move to drop the minimum of age of criminal responsibility (MACR) to 10, a new university report has concluded “enhancing public knowledge” will put pressure on governments to raise the age in-line with the United Nations’ recommendations around jailing kids.

The assertion comes after a recent Edith Cowan University investigated public awareness and perceptions regarding the MACR in Western Australia.

Like the Territory, WA’s current MACR rests at 10.

Led by criminologist Dr Suzanne Rock, the study involved semi-structured interviews with 69 participants who were asked whether they knew WA’s MACR, their attitude, and whether they would support a change in age.

Dr Rock said the study found very low levels of public knowledge about the MACR.

“Ninety-four per cent of participants were unaware that children can be arrested, charged, remanded in custody, sentenced, and incarcerated as young as 10 years old,” she said.

The study found the majority of the 69 interviewees “expressed disbelief” the MACR was 10 years of age.

The study revealed interviewees “expressed disbelief” when informed 10-year-olds could be incarcerated.

Dr Rock said participants were supportive of raising the age when further informed.

“Once provided with the factsheet about the MACR, more than 75 per cent of participants expressed support for lifting the age to between 12 and 18 years,” she said.

“They also advocated for rehabilitative measures, rather than punitive action, challenging the assumption that the public favours punishment of young offenders.”

Dr Rock said the public’s misconception about the MACR was a key contributing factor to the unwillingness of state governments to raise the age.

“Politicians fear being seen as ‘soft on crime’, which may explain the reluctance to act,” she said.

“However, our research has shown that upon discovering the MACR in Western Australia most participants were appalled at Australia’s unwillingness to align itself with other UN countries and favoured raising the age.”

In the Territory, Don Dale Youth Detention Facility have featured heavily amid local discussion around minimum age of criminal responsibility. Picture: Amanda Parkinson.

About 70 countries have set the age of criminal responsibility to 14.

Some world governments opted to raise the age beyond the UN’s recommendation, with Luxembourg setting their MACR at 18, and several African countries, such as Mozambique, Equatorial Guinea and Guinea Bissau, setting the minimum age at 16.

By comparison, jurisdictions in Australia, New Zealand and the United Kingdom have set the age at 10 years of age.

The UN’s position on MACR was recently pointed out at a press conference in October to Chief Minister Lia Finocchiaro, who did not shy away from her government’s decision to lower the age, saying it was “very clear” to Territorians during the election campaign where she stood.

“We make no apologies for delivering on our election commitment to make the Territory safe.”

Originally published as Edith Cowan University publishes minimum age of criminal responsibility study