Tasmanian government must raise the age of criminal responsibility

Children as young as ten in Tasmania can currently be arrested, strip searched and locked up in prison cells. This is out-of-step with medical evidence, human rights law and international standards, with the median age of criminal responsibility worldwide being 14 years old.

On the eve of the Tasmanian election, the Tasmanian Aboriginal Legal Service and the Human Rights Law Centre are today calling on the Tasmanian government to raise the age in response to a survey being undertaken by the Commissioner for Children and Young People to help inform an advice they are preparing to the Government on the issue.

The Commissioner has previously supported raising the age and said that Tasmania “being a small state with relatively low numbers of young children in the youth justice system has an opportunity to lead the way and provide alternative approaches and raise the age.”

Hannah Phillips, Principal Lawyer at the Tasmanian Aboriginal Legal Service:

“It should not take a child being criminally charged with an offence and being brought to Court for action to be taken in respect of the real issues in that child’s life. Social issues like homelessness, poverty, generational disadvantage, undiagnosed mental and physical health conditions need to be addressed rather than criminalising the behaviour that flows from aspects of a child’s life they have no control over.”

Meena Singh, Legal Director at the Human Rights Law Centre:

“Tasmania should lead the way and raise the age of criminal responsibility from ten to at least 14 years old. Children should be in schools and playgrounds, with their families and in their communities, not locked up in prison cells. The younger a child comes into contact with the criminal legal system, the more likely they are to become entrenched into their adult years. The Tasmanian Government has an opportunity to show real leadership on this issue and raise the age as a matter of priority.”

Federal, State and Territory Governments had agreed to try and reach consensus on raising the age through the Council of Attorneys-General. After more than two years the process has completely stalled without agreement, despite advice informing the process recommending that the age of responsibility be raised to 14. Recently the ACT Government announced it would move ahead and raise the age to 14 with legislation expected to be introduced later this year.

Meena Singh, Legal Director at the Human Rights Law Centre:

“Governments across Australia are failing kids by refusing to raise the age at which children can be locked in prison. Now is the time for the Tasmanian Government to end this injustice and follow in the footsteps of the ACT by raising the age to at least 14 years old.”

An adapted version of the Human Rights Law Centre and the Tasmanian Legal Service response to the survey is available here.

Image: Barrylb, Public domain, via Wikimedia Commons