Historic Reform in Victoria: Criminal Responsibility Age to be Raised to 12
The Victorian government has put forth a new bill to the state parliament, aiming to raise the age of criminal responsibility from 10 to 12 in order to improve community safety and reduce young people’s offending. This move, if approved, would make Victoria the first Australian state to enforce a higher age threshold for criminal offenses.
Presently, the minimum age of criminal responsibility is 10 for all states and territories except the Northern Territory, which raised it to 12 in August 2023. Following suit, the Australian Capital Territory is set to raise the age to 14 by 2025, with some exceptions.
The implementation of this new bill reflects the Victorian government’s efforts to reform the state’s youth justice system, with the goal of addressing serious, high-risk, and repeat offending among young individuals while providing them with the opportunity to positively change their lives.
Victorian Premier Jacinta Allan emphasized the importance of keeping young children out of the criminal justice system and redirecting them to schools for proper guidance and support. The government plans to gradually raise the age of criminal responsibility to 14 by 2027, promoting a more rehabilitative approach to youth justice.
Under the new legislation, children under 12 who commit a crime will not be arrested or sentenced but will instead be taken to a safe place by someone who can care for them. Police will have the authority to use limited force to ensure the child’s safety and the safety of the community.
Furthermore, the bill mandates that police issue verbal or written warnings on the spot for minor offenses committed by children under 12. For more serious offenses, a formal caution will be issued by a police sergeant.
The Victorian government believes that these measures will effectively divert offending children from further involvement with the justice system. Additionally, the legislation includes provisions to address the recruitment of children into criminal activity and strengthen sentencing principles for Aboriginal children.
As efforts to improve community safety and reduce offending continue, it is crucial to consider the well-being and future of young individuals involved in the justice system. The Victorian government’s approach emphasizes rehabilitation, early intervention, and diversion, aiming to create a legal system that prioritizes the welfare of children.
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