The Victorian government will raise the age of criminal responsibility from 10 to 12 by the end of next year, and to 14 by 2027.
Victorian Attorney-General Jaclyn Symes made the announcement on Wednesday, laying out a two stage reform process that will first see 10 and 11-years olds in Victoria not held criminally responsible for their actions.
The second stage of reform will see the age of criminal responsibility lifted to 14, which is the minimum age recommended to all countries by the UN’s Committee on the Rights of the Child.
This second stage will include exclusions for children accused of some serious crimes, according to the attorney-general. Further work on what these exceptions are is yet to undertaken.
“When very young children engage in harmful behaviour, we know that something has gone terribly wrong in their life,” Symes said in a statement on Wednesday.
“We need to respond effectively and compassionately whilst still making sure they’re accountable for their actions.
“This important reform is a careful and considered first step towards making sure fewer children are entering the criminal justice system and ensuring the safety of all Victorians.”
The reform from the Victorian government follows years of pressure from legal, human rights and youth advocacy groups.
Change the Record, the group behind the “raise the age” campaign has consistently called for the age to be raised to 14 and called this announcement by the state government “the bare minimum”.
Symes said the government had to be realistic about the time needed to raise the age to 14.
“If we can do it earlier than [2027], that would be great. I want to be realistic about this,” she said on Wednesday.
“You raise the age to 12 next year, we want to make sure we’re testing the systems, we want to make sure that the safety net is there before we risk dissolving the justice system safety net.”
As part of the reform, the government will codify and strengthen the legal presumption doli incapax, which describes the inability of children under the minimum age of criminal responsibility to form criminal intent.
In the first stage of reforms, the government says support services will help 10 and 11 year olds and their families address the causes of problematic behaviour and prevent contact with the criminal justice system.
The second stage will be subject to the design and implementation of an alternative service model for the 12 and 13-year-old cohort, the government said.
Co-chair of the First Peoples’ Assembly Geraldine Atkinson wrote on Twitter: “Twelve and thirteen year old children are way too young to send to prison.”
“I don’t understand why we have to wait four more years to make this change. I know it takes time to plan, but why will it take so long?”