Health and medical experts call for the age of criminal responsibility to be raised to at least 14
Leading health and medical organisations in Australia say they will not stop pushing for the law to reflect medical science, and for governments to raise the age of criminal responsibility to at least 14.
In an open letter sent today, a coalition of 32 health and medical organisations has called on all state and territory Premiers, Health Ministers and Attorneys-General to urgently raise the age of criminal responsibility from 10 to at least 14 years of age. In 2019-2020, there were 499 children under the age of 14 incarcerated across Australia.
Australia has become internationally isolated in its refusal to raise the age from 10 to 14.
Attorneys-General last month said they would consider raising the age to 12. The ACT is the only jurisdiction which has a commitment to raising the age to 14.
Health and medical experts say it is particularly harmful to put children, whose brains are not fully developed, into jail. Many of these children have already also experienced significant trauma and have developmental impairments. Research shows that children are further damaged when incarcerated and many will never leave the criminal justice system.
In the open letter, the health and medical experts in the coalition outline evidence which shows children under 14 do not possess the capacity to have criminal intent.
They highlight that:
Medical evidence is clear that children under 14 years of age are undergoing rapid brain development which makes them vulnerable to increased impulsivity, sensation-seeking behaviour and peer influence.
Child development and neuroscience demonstrates that maturity and the capacity for abstract reasoning are still evolving in children aged 10 to 13 years, due to the fact that their frontal cortex is still developing.
The experts say alternative models to incarceration are in existence and there is already an evidence-based pathway to raising the age as set out through the independent review headed by Emeritus Professor Morag McArthur. This review provides options for therapeutic and restorative care to reduce children and young people's interaction with the criminal justice system and outlines how to implement raising the minimum age of criminal responsibility to 14.
Quotes
“Incarceration has a significant impact on a child’s brain development and is likely to entrench them in the criminal justice system, possibly for life. Many of these children have already experienced significant trauma, have complex mental health and cognitive problems and require health care and educational opportunities in a culturally safe and supportive environment in order to change their path. We have alternative models to incarceration. It’s good to see the Attorneys General are looking at this important human rights issue, but it’s not enough to stop at 12. The age of criminal responsibility should be raised to 14 years of age.”
“There is now also clear evidence that children in the youth justice system in Australia have high rates of additional neurocognitive impairment, trauma and mental health issues. Incarceration is only likely to make these development problems worse, laying down health and social problems into the future for these kids and for all of society.”
“It’s deeply concerning that governments continue to ignore the health evidence regarding the damage inflicted on children under the age of 14 years by incarcerating them in gaol. Any proposals that disregard this evidence are empty commitments that fail to give these vulnerable children the help they need to lead healthy and happy lives in their homes, schools, and communities. What we need now is a concrete commitment to raise the age of criminal responsibility to 14 years and for governments to provide these children with the care, support and treatment they need to preserve their dignity and human rights. What we don’t need is more vulnerable children going to gaol for behaviours that are a direct consequence of their young age, earlier trauma, or complex developmental disabilities.”
Signatories
The signatories include:
Alcohol and Drug Foundation (NT and SA)
NOFASD Australia (National Organisation for Fetal Alcohol Spectrum Disorder)
Australian Healthcare and Hospitals Association
Orygen: Australia’s centre of excellence in youth mental health
Australian Health Promotion Association
Partnership for Justice in Health
Australian Indigenous Doctors’ Association
Public Health Association of Australia
Australian Medical Association
The Queensland Network of Alcohol and other Drug Agencies (QNADA)
Cabrini Outreach
Royal Australian College of General Practitioners
Cumberland Women’s Health Centre
Royal Australasian College of Physicians
Foundation for Alcohol Research and Education
SA Network of Drug and Alcohol Services (SANDAS)
Full Stop Australia
The Salvation Army Australia Territory
Illawarra Women's Health Centre
Telethon Kids Institute
Jesuit Social Services
Twenty10
Life Without Barriers
Victorian Aboriginal Community Controlled Health Organisation (VACCHO)
Lives Lived Well
Women's Health NSW
Murdoch Children’s Research Institute
Youth Action
National Association of Aboriginal and Torres Strait Islander Health Workers and Practitioners
Youth Support + Advocacy Service
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For further information/comment:
Paris Lord (he/him), PHAA Media Manager 0478 587 917 plord@phaa.net.au
