Tasmanian Government’s decision to keep children out of prison welcomed, but government must go further
Australia’s only First Nations justice coalition Change the Record welcomes the Tasmanian Government’s commitment to enact laws ensuring children under the age of 14 years old will not be sent to youth prisons. However, the Coalition urges the Tasmanian Government to fully implement the advice of legal and medical experts and raise the age of criminal responsibility to at least 14 years old to protect very young children from any harmful engagement with the criminal justice system.
Tasmania joins the ACT as the leading jurisdictions to commit to long overdue reforms to archaic, dangerous and damaging laws that see children as young as 10 years old arrested by police, charged, criminally prosecuted and thrown into police and prison cells. While we welcome today’s announcement by the Tasmanian Government, we note that it only protects the very small number of children under 14 years old who are being incarcerated - and does not go far enough to protect children from engagement with police, being held in police cells, or being hauled before a court.
We welcome this first step and urge the Tasmanian Government to raise the minimum age of criminal responsibility to at least 14 years old, to support children in community, on country and with family.
Cheryl Axleby, Co-Chair Change the Record:
“Children belong at home, in school and with their families - not in handcuffs, courtrooms or prison cells. It is a relief to hear the Tasmanian Government commit to keeping tiny children out of prisons, but they must do more to protect and support our children in community and give them the opportunities they deserve to thrive. This announcement stops short of the reforms we need - not just to keep children out of prison cells, but to ensure children under 14 are never arrested, handcuffed or put in police lockup but are instead supported with therapeutic and age-appropriate services when they need our help.”
Hannah Phillips, Acting State Manager, Tasmanian Aboriginal Legal Service:
“TALS welcomes the announcement as a first step, but more has to be done to protect our young people. TALS urges the Tasmanian Government to consider raising the age of detention to 16.
“The Tasmanian Government must also commit to raising the age of criminal responsibility to 14 as an introductory part of the new youth justice reforms. If this does not occur, it will lead to irreversible lifelong damage as children get stuck in the quicksand of the legal system. History has shown that Ashley is the Kindergarten for Risdon Prison. The focus must be on addressing the risk and underlying issues as to why a young person is getting in trouble.
“If detention centers must form part of the Government's model of youth justice, there must be a therapeutic and through-care approach with trained professionals. Any plan must also be in genuine consultation and collaboration with Aboriginal people and communities in Tasmania.”
Nick Espie, Legal Director, Human Rights Law Centre:
“This positive step acknowledges that detention does not support rehabilitation or reduce the likelihood of re-offending. HRLC welcomes this development by the Tasmanian Government but they must commit to raising the age of criminal responsibility.
“It's not just being locked behind bars that is damaging for children - the whole interaction with the criminal legal system including being arrested, handcuffed and hauled before a court can be deeply traumatic and contrary to steering a young person away from the troubles that are occurring in their life.
“Children belong in schools, in playgrounds, with their families and in their communities. Children that end up interacting with the criminal legal system are often children that need therapeutic support and assistance, not to be dragged through a system which only perpetuates underlying issues.
“The medical and legal evidence is clear that the age of criminal responsibility should be a minimum of 14 years, and we will keep advocating for that until every state and territory in Australia has raised the age to at least 14.”
Jamie McConnachie, Executive Officer, National Aboriginal and Torres Strait Islander Legal Service:
“Raising the age is one action that Australian governments can take right now that will have an immediate - and generational - impact to end the over-incarceration of Aboriginal and Torres Strait Islander kids to give our children a chance.”
Maggie Munn, Amnesty International:
“Children don’t belong in prison. Governments know this, prisons are harmful places that perpetuate trauma, and yet are still subjecting our kids to this treatment. It’s great that the Tasmanian Government has acknowledged that detention does more harm than good for kids, but it’s as if they’re stuck in a school mathematics problem where all their working out is correct, but they’ve got the wrong answer. The Tasmanian Government must do more for our children than raise the age of detention, they must also raise the age of criminal responsibility to 14.”
Media contacts:
Human Rights Law Centre: Michelle Bennett, Engagement Director, 0419 100 519
