Raise the age of criminal responsibility to 14, say health experts

A coalition of 30 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. 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.

The 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 exist, 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.

Dr Omar Khorshid, President of the AMA, said, “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,” Khorshid said.

Paediatrician and adolescent health specialist Dr Mick Creati said 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 jail.

Public Health Association of Australia (PHAA) CEO Terry Slevin said, “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.”

Creati agreed, saying 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 don’t need is more vulnerable children going to jail for behaviours that are a direct consequence of their young age, earlier trauma or complex developmental disabilities.”

Image credit: ©stock.adobe.com/au/Alexander Raths