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Raising the age of criminal responsibility to 12 will not help: must be 14

Never

Victoria must follow internationally accepted human rights standards and raise the age of criminal responsibility to 14 – not 12, says the Australian Lawyers Alliance (ALA).

“Raising the age of criminal responsibility to 12 does not help. This means children in primary school can still be locked up and removed from their families,” said Mr Greg Barns SC, spokesperson for the Australian Lawyers Alliance.

“Doctors, lawyers, human rights advocates and the United Nations are all saying that we must raise the age of criminal responsibility to 14. The current low age of criminal responsibility in Australia is in breach of human rights standards and puts Australia out of step with much of the rest of the world.

“Proposals to modify the legal age of responsibility depending on the particular offence are also illogical and unhelpful. How can a 13-year-old have the capacity to be held criminally responsible for one type of offence, but not for another?

“There is significant evidence showing that the younger children are when they first encounter the justice system, the more likely they are to reoffend and less likely they are to finish their education and find employment.

“It is often the most vulnerable and disadvantaged children who come to the attention of the justice system at such a young age. 

“Raising the age of criminal responsibility to 14 is a key measure in reducing the incarceration of young people who should only even be detained as a last resort.”

Tags: Criminal justice Greg Barns