Raising the Age: Reconsidering Criminal Responsibility

The Youth Justice Bill 2024, introduced into parliament on June 18, 2024, outlines plans to raise the age of criminal responsibility for most offences to 12 by early 2025. This change reflects a growing recognition of the need to approach youth justice with a focus on rehabilitation and the developmental needs of children. Scientific evidence of the brain’s development has shown that someone aged between 10-14 years may not be able to understand the moral consequences of criminal behaviour and lack the maturity to be held criminally responsible for their actions. History tells us that early engagement with the criminal justice system adversely impacts children and increases criminal trajectories whilst ignoring the origins of offending. Raising the age requires changes in approaching the children impacted and implementing early intervention programs to divert criminal pathways. But raising the age of criminal responsibility is not a welcome development for everyone. Critics argue that merely raising the age of criminal responsibility without these robust support systems in place is insufficient and question whether society is equipped to effectively rehabilitate children who display criminal behaviours and prevent them from embarking on a life trajectory of crime. The contentious nature of this issue was reflected more recently with the Victorian government reneging on its commitment to further raise the age to 14 in line with international standards. Some argue the current plans to raise the age of criminal responsibility to 12 is a sensible mid-way point. Others question whether it goes far enough.

Sources:

Youth Justice Bill: https://content.legislation.vic.gov.au/sites/default/files/bills/601020bi1.pdf 

Best Interests Children’s Law Podcast is sponsored by Ex Curia: Coaching & Consulting Pty Ltd, Meliora Psychology and Claudia Grimberg Lawyers.

Got questions, comments, compliments or something to add
to the discussion? We'd love to hear from you on our website.