CAYJ supports the NT Government’s first steps in raising the age of criminal responsibility
The Central Australian Youth Justice (CAYJ) Network welcomes the Northern Territory (NT) Government announcement today that they are taking steps in youth justice reform to raise the minimum age of criminal responsibility and will repeal mandatory sentencing for certain offences. CAYJ commends the NT Government on the implementation of a key finding set out in the Final Report on the Royal Commission into the Protection and Detention of Children in the Northern Territory, namely, to raise the minimum age of criminal responsibility to 12 years old.
CAYJ will continue to advocate for further steps to be taken in amending legislation and raising the age to 14 years old which would align with the minimum age of criminal responsibility across the globe, established in human rights charters and supported by developmental experts.
In the Northern Territory, Aboriginal organisations and community leaders and their supporters have been calling for the government to lead the way in raising the age, a change that would be transformative for Aboriginal children and young people caught up in the youth justice system.
“We know from medical experts that children at this age are too young to fully understand the criminal nature of their behaviour. Children’s brains are still developing. At this age and often well into adolescence, children are more likely to take risks and act impulsively, less able to regulate their emotions, and more susceptible to peer and environmental influences – all of which can lead to trouble with police,” says Kirsten Wilson (CAYJ Chairperson).
“Most offending at this age is low-level, and with the right supports and guidance, children can and do grow out of offending. Criminalising children’s behaviour traps them in a harmful system that perpetuates a cycle of disadvantage and offending.”
“Raising the age of criminal responsibility acknowledges that we need age-appropriate responses that actually address the reasons why a child has come into contact with police in the first place, including their housing situation, food security, health needs, school engagement and any mental or physical impairments,” says Kirsten.
“Rather than criminalising kids, we need to be stepping in at the first signs of trouble and resourcing Aboriginal organisations and communities to implement their solutions for their kids. Connection to family, culture and country are the most important protective factors that will give kids the chance to be healthy, safe and happy.”
CAYJ is pleased to hear that the current NT Government are listening to the evidence about what creates safer communities, taking a step away from past legislation that has seen our prison population grow by more than 30% over the past decade.
“We need our government to continue taking these courageous steps to ensure that there is consistent and substantial investment in community led services and programs that are proven to have a significant impact on better outcomes for safer communities” says Kirsten.
Kirsten Wilson – CAYJ Chairperson