Daniel Andrews’ failure to #RaiseTheAge to 14 slammed by Aboriginal, legal, and human rights organisations
The Andrews government has today announced its intention to raise the age of criminal responsibility to only 12 years old. Keeping the age of criminal responsibility as low as 12 is a failure by Victorian Premier Daniel Andrews and Attorney-General Jaclyn Symes for the children locked up behind bars, and the children who will be exposed to the criminal legal system.
Raising the age to 14 with no exceptions, is the absolute bare minimum reform the Andrews Government must make now. The Government’s commitment to consider raising the age to 14 by 2027 is too little, too late, and risks exposing an entire generation of children to the quicksand of the criminal legal system.
The Andrews Government has faced significant pressure for maintaining the age of criminal responsibility at 10. Key government ministers and high-ranking bureaucrats are expected to be giving evidence before the Yoorrook Justice Commission this week with critical law reform like raising the age of criminal responsibility set squarely on the agenda.
The Yoorrook Justice Commission recommended immediately raising the age to 14, but instead the Andrews Government is upholding laws that will keep First Nations kids overrepresented in the criminal legal system.
No 12 year old child should grow up in prison.
Twelve and 13-year-olds should be finishing primary school and starting high school. They should be in our schoolyards and with their families, not locked up behind bars. Prison has devastating and lifelong impacts on children’s and young people’s health, development, mental health and wellbeing.
Evidence shows that the earlier a child is locked up in jail, the more the child is at risk of being entrenched in the justice system and re-offending later in life.
Instead of locking up kids in prison, Premier Andrews and the Victorian Government should fund community-led solutions which keep the community safe and have better outcomes for children.
Cheryl Axleby, Co-Chair, Change the Record:
"The Victorian Government announcement to increase the age of criminal responsibility to 12 will not make any real difference to the already high and unacceptable rates of Aboriginal youth overrepresentation in the legal system.
“We advocate strongly that all state and territory governments commit to raising the age to 14, particularly as the Federal government has committed $81.5 million to justice reinvestment. There is now no excuse whatsoever why all state and territory governments do not now support Aboriginal-led designed and delivery of culturally responsive diversionary programs to break the intergenerational cycle of incarceration for our younger generations."
Quotes from Amala Ramarathinam, Acting Managing Lawyer at the Human Rights Law Centre:
“Today’s decision is a betrayal of Victoria’s children, especially those who have been victims of poverty, violence and abuse. Children belong in playgrounds and schools, never in prisons and police cells.
“For years the Andrews Government has been sitting idle on advice from medical experts, independent parliamentary inquiries, the Yoorrook Justice Commission and their own justice department that the age of criminal responsibility should be raised to at least 14 years.
“There is nothing nation-leading or progressive about this decision. Anything less than 14, or with exceptions, is an utter failure by the Andrews Government to listen to their own advice and uphold the human rights of children and young people in Victoria.”
Quotes from Anoushka Jeronimus, Youth Law Program Director at WestJustice, Co-Convenor of Smart Justice for Young People:
“Raising the age of criminal responsibility to 14 years old makes medical sense; public policy sense; and economic sense. It would ensure that children who are getting into trouble understand the impact of their behaviour whilst staying in school, getting healthy, getting a job, and reconnecting with their families. Anything less than 14, or with exceptions, ignores the evidence and risks further entrenching children experiencing serious disadvantage in the criminal justice system.
“Right now, Victoria has one of the lowest ages of criminal responsibility in the developed world and we're spending over $5,000 per child per day to keep them in jail. And jailing isn’t working. Imagine the impact we could make on children, their families, and our community if that money was spent on providing the education, well-being and family support needed to keep them out of trouble instead.”
Background
An open letter signed by 60 Aboriginal and Torres Strait Islander, health, legal, youth, community and human rights organisations in Victoria called on Premier Andrews and AGs across the country to act on the recommendations provided from numerous parliamentary inquiries, medical advice, and Aboriginal experts, and raise the age of criminal responsibility to at least 14.
Image credit: Dave Hewison Photography / Shutterstock.com
