In our submission NSWCCL calls for the age of criminal responsibility to be raised to 14 years old. This is essential in creating a fairer youth justice system. The incarceration of children under 14 is contrary to Australia's human rights obligations and international humanitarian law.
Children are harmed and traumatised by contact with the police, courts and prison. With evidence showing that incarcerating children leads to high recidivism rates, with nearly all children imprisoned between ages 10-12 reoffending as adults. This period of life is crucial in establishing pyscho-social support systems aimed at rehabilitation.
Recent NSW statistics reveal significant legal actions against children under 14, predominantly for non-violent offences and disproportionately affecting First Nations communities. In the June quarter 2023, there were 812 young Australians aged between 10 and 17 in detention on an average night. 59% of them were First Nations
children and young people despite First Nations peoples making up 3.2% of the total Australian population. It is clear that incarceration and 'tough on crime' policies are not helping but rather contribute to exacerbating this disparity. One cannot speak of youth crime in a rural/regional NSW context without understanding the underlying racism of the justice system through the over-representation of First Nations children.
Resources should be devoted to reducing this over incarceration through Drug Court, Circle Sentencing, and through Justice Reinvestment where the underlying factors driving crime are addressed by investing in community-driven solutions and alternatives to incarceration.