ACT CLP will reduce criminal age to 10years. That's grade 4!
Lowering the criminal responsibility age to 10 is both dangerous and irresponsible. That's grade 4! It is commonly understood that young minds are only beginning to comprehend the existence of laws at the age of 13, and it is not until 16 that they start studying the law in depth. To hold a 10-year-old accountable to such laws is inconceivable.
Has the CLP considered the school curriculum and the necessity to educate fourth and fifth graders about criminal law? Is the CLP suggesting that legal studies be introduced into the early years of primary education, at the expense of what? Mathematics and spelling? Astronomy? My own understanding of Parliament began in grade 6 during a school trip to Canberra; that was when I first learned about the existence of laws, at the age of 13.
Legal studies typically enter the curriculum in most schools at Year 11, around the age of 16. Young minds lack the foundation to grasp legal concepts in the Australian curriculum any earlier, making it unreasonable to hold a 10-year-old criminally responsible when they haven't had the chance to receive proper education.
Most 10-year-olds lead law-abiding lives, often due to being raised in families that instill strong values. However, the troubled 10-year-olds in question usually do not come from environments where education is valued at home. These children face hardships, and it is within the school system that our society hopes to instill a sense of morality. We must allow the education system to reach these children before considering juvenile detention as an option. Juvenile detention centers are often harsh environments with low rehabilitation success rates, and expecting a 10-year-old to understand such punishment before committing a crime is unrealistic.
According to Amnesty International, First Nations kids are 26 times more likely to be incarcerated than their classmates. Let's call a spade a spade. These are the kids the CLP want to introduce to the justice system.
Indigenous children in Australia, are 22 times more likely than others to be removed from their homes, a legacy of colonisation and racism. The CLP are talking about incarcerating even more indigenous kids. In 2023, First Nations people accounted for 33% of the prison population – an all-time high. This mass incarceration is highly disproportionate: Indigenous people make up only 3% of the country’s population, yet they are 17 times more likely than non-First Nations people to be imprisoned.
The criminal justice system is like quicksand. Once you’re in, it’s very difficult to get out. When a child comes into contact with the criminal justice system they enter a never-ending cycle of trauma, harm and violence. Kids who interact with the criminal justice system are three times more likely to reoffend.
What are we achieving by lowering the criminal age to 10? Amnesty International describe the criminal justice system as quicksand. Once you’re in, it’s very difficult to get out. When a child comes into contact with the criminal justice system they enter a never-ending cycle of trauma, harm and violence. Kids who interact with the criminal justice system are three times more likely to reoffend.
Surely there is a better alternative to solving the crime epidemic in the Territory than locking up 10-year-olds? These kids should be watching cartoons and playing with their 10-year-old mates. We need to be addressing the issues with our society, that some 10-year-olds are even contemplating crimes serious enough to have them grow up in detention.
Before we reduce criminal age to 10years, maybe we can start to hold parents/ guardians to account for the actions of their children? It's a roughie solution but easier to implement than facing the systemic generational trauma that is at the route of the problem. I fear welcoming kids into a system we know doesn't effectively rehabilitate anybody is pointless and short term. We are simply deferring a problem at the cost of young lives that aren't equipped to truly understand the rules, let alone the true nature of the consequence.
Glenn Hall is a former advertising executive turned freelance communications consultant. Glenn has a fresh perspective on topical issues and a unique way of viewing the world. With diverse interests, no topic is out of reach and Glenn will be sure to challenge your thinking.
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