The Victorian Government says it will initially lift the age of criminal responsibility from the current age of 10 years old to 12 before then raising it to 14 by 2027.
A national Raise the Age campaign demanding the age of responsibility be lifted to 14 has been supported by more than 100 organisations, arguing that jailing children harms them at a critical time of their development, leading them to suffer lifelong harm to their health, wellbeing and future.
The global median age of criminal responsibility is 14, and in 2019, the UN Committee on the Rights of the Child called on all countries to raise the age to 14.
The government agrees, saying in its announcement that experience “shows that the younger a child is when they’re first sentenced, the more likely they are to re-offend more frequently and violently as adults”, but it is not yet ready to lift the age to 14.
Attorney-General Jaclyn Symes said the announcement aimed to strike a balance between fewer children entering the justice system while also seeking justice against those who behave criminally.
“When very young children engage in harmful behaviour, we know that something has gone terribly wrong in their life,” she said.
“We need to respond effectively and compassionately while still making sure they’re accountable for their actions.”
First Nations children are disproportionately impacted, with higher than per capita incarceration rates than non-First Nations minors.
The First Peoples’ Assembly of Victoria, which has campaigned strongly for the age of criminal responsibility to be lifted to 14, has welcomed the government’s intention to eventually lift it to 14, but has wondered why it will take four years to do so.
Assembly co-chair and Bangerang and Wiradjuri Elder Aunty Geraldine Atkinson said it was disappointing the Andrews Government did not simply announce an immediate lift to 14.
“Raising the age of criminal responsibility to 12 is a small step forward, but all of the expert medical and legal advice is that it needs to be at least 14, and that’s what the First Peoples community wants as well,” Aunty Geraldine said.
“So I have mixed views about today’s (Wednesday’s) news, but I am disappointed. I had hoped they would listen to what our community has been asking for.
“I don’t really understand why we have to wait four more years to make this small change.”
The government said it would begin consultation with key stakeholders and agencies in the development of the relevant legislation, with the expectation of introducing it to parliament later this year.
The change to 12 years of age is expected to start in late 2024.