Canberra's chief magistrate, Lorraine Walker, has fuelled the fire of an old debate on the age of criminal responsibility for children.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Children as young as 10 can be prosecuted for crimes in all jurisdictions in Australia, but being incarcerated at such a young age would change anyone's life forever.
Experts have long called for the age to be increased by at least two years.
Ms Walker's intervention was sparked by an 11-year-old girl who appeared before in the ACT Children's Court on Monday. The girl had been arrested three times in three weeks for alleged violence against her carers. She was detained last weekend before facing court.
The chief magistrate released the girl back to her carers; the only other option was to hold her at Bimberi, Canberra's youth detention centre.
There is a grey area in Australian law for children aged 10 to 14, known as doli incapax, which presumes that a child is incapable of committing a criminal act. However, the courts do not apply this principle in a consistent way.
The ACT's Human Rights Commissioner, Helen Watchirs, and the Children and Young Person's Commissioner, Jodie Griffiths-Cook, welcome debate over the age. They believe it should be increased to 12.
Something must give. Most children between the ages of 10 to 14 lack the mental capacity to distinguish between a serious crime and mischief. Those who can would be a small minority.
The age of criminal responsibility – that is, when lawmakers see children as able to distinguish between right and wrong – should be lifted to at least 12 years in the ACT.
Given there is a uniformity across Australian jurisdictions in the age limits, all jurisdictions should follow suit.
Experts, including the United Nations and Amnesty International, have long proposed that the age be increased. Studies continue to show that children who enter the justice system at such young ages are highly likely to return as adults, particularly children who spend time in custody.
There needs to be other options for children of this age who come to the notice of police.
If the age was increased, about 600 young offenders a year would be diverted away from the prison system. That would change their lives – for the better – forever.
