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LCA supports lifting minimum age of criminal responsibility to 14
A private members bill to increase the minimum age of criminal responsibility for Commonwealth offences to 14 years is being supported by the Law Council of Australia.
Emma Musgrave
LCA president Arthur Moses SC said increasing the minimum age of criminal responsibility to 14 from 10, in the event it is followed by all Australian jurisdictions, will help improve justice outcomes for some of the country’s most vulnerable children.
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“Across all Australian jurisdictions the minimum age of criminal responsibility is currently 10 – this is a national disgrace and a national tragedy,” Mr Moses SC said.
“How is it that a child can’t sign up to Facebook until the age of 13 but can be placed in detention at the age of 10? It makes no sense and has long-term impacts. There is clear evidence childhood detention increases the risk of adult imprisonment.”
Mr Moses said the Crimes Legislation Amendment (Age of Criminal Responsibility) Bill 2019, introduced by Centre Alliance MP Rebekha Sharkie is a good first step to prompt a debate in parliament and consider broader reforms that need to take place to ensure community safety, including diversionary, preventative and welfare-based programs. He noted the LCA will offer its assistance to ensure the final form of the bill is effective.
“I congratulate Ms Sharkie for her foresight in introducing this initiative and praise her compassion. The fact is our attorneys-general know or should know that raising the minimum age of criminal responsibility is the right step but appear to lack the political courage to do what is right," Mr Moses said.
“What we need is bipartisan support for this policy to ensure our attorneys-general don’t need to look at this through a political prism.”
NOTE: A previous version of this story noted that the federal government was "set" to lift the minimum age of criminal responsibility, and that such a movement was being "backed" by LCA.
