Children as young as ten will soon face the possibility of being jailed in Australia’s Northern Territory (NT) as the government has reverted the age of criminal responsibility back to ten years old. This decision comes amid ongoing debates about youth crime and the efficacy of current laws. In recent years, pressure has mounted on Australian states and territories to raise the age of criminal responsibility from ten to fourteen, aligning with recommendations from the United Nations and practices in other developed nations.
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Last year, the NT became the first region in Australia to raise the age to twelve. However, the newly elected Country Liberal Party government, which came into power in August, believes that reverting the age to ten is necessary to combat rising youth crime rates. The government contends that allowing for the criminalization of younger children will ultimately protect them. This position, however, has been met with skepticism and criticism from health professionals, human rights advocates, and Indigenous organizations. They argue that the evidence suggests these laws will not effectively reduce crime and will disproportionately impact Aboriginal and Torres Strait Islander children.
The NT already has one of the highest rates of youth incarceration in Australia, with children being jailed at a rate eleven times higher than in other jurisdictions, predominantly affecting Aboriginal youth. The government claims a mandate from voters for this policy change, following a campaign focused on tough crime measures. They argue that intervening at an earlier age can help guide children away from future criminal behavior.
Chief Minister Lia Finocchiaro stated that the change would enable the courts to intervene in the lives of young offenders, facilitating programs aimed at addressing the underlying causes of their actions. She reiterated her government’s commitment to fulfilling its election promises, emphasizing the goal of enhancing safety in the territory.
However, research indicates that incarcerating children can lead to increased rates of reoffending and adversely affect their health, education, and future employment prospects. A report earlier this year by an independent federal agency highlighted that policies are often driven by populist rhetoric focused on being tough on crime, suggesting that funds should instead be redirected to support services for at-risk youth.
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As the NT parliament discussed the bill to lower the age of criminal responsibility, approximately 100 individuals gathered outside in protest. Many carried signs advocating for the rights of children, with messages highlighting the innocence of young offenders. The NT’s Children’s Commissioner, Shahleena Musk, has voiced concerns about systemic racism within the youth justice system. She pointed out that Aboriginal children face greater obstacles, such as being less likely to receive cautions and more likely to be prosecuted and held in custody compared to their non-Aboriginal counterparts.
Musk acknowledged community fears regarding crime but emphasized the importance of relying on evidence to address root causes rather than resorting to punitive measures that may exacerbate existing problems. Advocates worry that this policy shift in the NT could hinder efforts to raise the minimum age of criminal responsibility in other regions. Currently, only the Australian Capital Territory has increased the age to above ten, while Victoria has passed legislation that will take effect next year to do so. Tasmania has also announced plans to raise the age to fourteen by 2029.
Overall, the decision to allow the jailing of ten-year-olds in the Northern Territory raises significant concerns about the implications for young offenders, particularly Aboriginal children, and the long-term impact on the community and the justice system. Critics argue for a more compassionate approach that prioritizes rehabilitation and addresses systemic issues rather than defaulting to punitive measures that may not yield the desired outcomes.
