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Raising the age of criminal responsibility to 14 remains vital for the health and wellbeing of Victoria's young people

Not raising the age of criminal responsibility to 14 will have a severe impact on young people, particularly First Nations young people and children of colour.

Published:
Tuesday 13 August 2024 at 7:50 am

We are deeply disappointed with the state government’s decision to abandon its commitment to raise the age of criminal responsibility to 14.

In April 2023, the government took action in response to a clear and compelling evidence base to raise the age to 14 by 2027.

‘Raising the age was the right move then, and it’s the right move now,’ said Kate Bundrock, Acting Executive Director Criminal Law.

‘Young children aged 12 and 13 should be finishing primary school, they shouldn’t be in police cells or court.

Kids this age thrive when they are engaged, supported and cared for, and this is what leads to better long-term outcomes for the community. This decision is a backwards step for Victoria.

'We are – and will continue to be – strong advocates of raising the age to 14 without delay and without exception, and urge the government to engage with the evidence in relation to children and young people.'

First Nations leaders in Victoria have strongly advocated for this change, which responds to a long history of Aboriginal children being imprisoned and harmed.

Recommendations from the Yoorrook for Justice report called for transformational change and the creation of a self-determined justice system, with the age of criminal responsibility raised to 14.

'Inevitably it is First Nations kids and children of colour who bear the greatest burden of not lifting the age of criminal responsibility – and it is hard to see anything other than systemic racism as the reason why the age wasn't lifted long ago,' said Ashley Morris, Director First Nations Services.

'This decision suggests government has ignored the voices of the community and the recommendations of the truth-telling commission they established.

'This severely undermines progress towards addressing systemic racism.

'When government ignores Koori voices, it's Koori kids and young people who suffer,' Ashley said.

We urge others to listen – and act – on the advice of First Nations organisations in keeping with Victoria’s commitment to self-determination.

Read statements from the Victorian Aboriginal Legal Service, Djirra, Yoorrook and the Aboriginal Justice Caucus.

While the change in direction on youth justice reform is disappointing, we continue to support the passage of the Youth Justice Bill 2024 (Vic) and its focus on prevention, diversion and rehabilitation.

More information

Why the age of criminal responsibility in Victoria should be raised to 14 years old

We are a signatory to Change the Record.

Updated

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