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Lowering the Age: More NT kids behind bars does not equal safer communities

Leading child rights organisation warns that lowering the age of criminal responsibility will not keep Territorians safe and will instead push more kids into a cycle of reoffending.
14 October 2024

54 reasons, which delivers Save the Children’s services in Australia, urges the new NT Government to abandon legislation lowering the age of criminal responsibility to just 10 years old, warning it would only lead to more kids being locked up, and locked into a cycle of reoffending. 

The Northern Territory government will this week introduce legislation to overhaul the Territory's justice policies, including lowering the age of criminal responsibility to 10, as well as expanding police powers to enable them to search children at schools, and introducing stricter bail laws under what's known as Declan's Law.

54 reasons calls on the Chief Minister to instead invest in early intervention and diversionary programs that have been proven to reduce reoffending. 

In the Northern Territory, children are locked up four times more than anywhere else in Australia and the latest NT Youth Detention Census shows that 97 percent of young people behind bars are Aboriginal. 

Travis Borsi, Northern Territory Director of 54 reasons, said there is no doubt the system needs to change.  However, focusing on punitive measures like lowering the age will not keep the community safe.

“Primary school children should not have to pay the price for a broken youth justice system that does more harm than good. Punitive, tough on crime policies do not work to keep the community safe, and instead perpetuate trauma within the community and keep young kids cycling through a system that is built to fail them,” said Mr Borsi. 

“All available evidence suggests that governments cannot jail their way out of the problem, we must address the complex needs of children, including taking a look at the entire picture of children’s wellbeing in the Territory.”

“This includes listening to medical, legal and health experts who are all clear that raising the age of criminal responsibility to 14, in line with international standards, and adequately funding early intervention and prevention services are the most effective ways to reduce offending.”

“Based on our own experiences working with children and young people as well as their families across the Territory, we know that early intervention services that are culturally appropriate and trauma informed, and that keep kids engaged with education and connected to country go a long way in changing their pathways.” 

It has also been reported that the amendments could see primary aged children searched by police at their schools, using the proposed expansion of wanding powers.

“Schools are where children receive education and support to develop. Bringing police and their extraordinary powers into the school yard is a clear sign that the system is broken,” said Mr Borsi.

“We also know the reality is that the children who are most likely to be subjected to these intrusive and stigmatising searches are also those from communities that are already most likely to be over policed.”

“Territorians deserve to feel safe within their communities, but we can’t continue down the path of punitive measures, which have never worked.”

“We strongly urge the Chief Minister to reconsider pushing through legislation to lower the age of criminal responsibility and instead listen to the experts and advice that outline the tangible ways we can keep communities safe while promoting rehabilitation and healing.”

ENDS 

MEDIA CONTACT:  Mala Darmadi on 0425 562 113 or media.team@savethechildren.org.au.

NOTES TO EDITOR

  • 54 reasons, Save the Children’s Australian service delivery arm, works in almost 200 communities and locations in every Australian state and territory. 54 reasons delivers quality services to children and families to support child development, diverts young people from the justice system, responds to domestic and family violence, and amplifies children’s voices and participation in decision making.
  • 54 reasons and Save the Children Australia have signed onto an open letter from the NT Coalition of Voices on Justice calling on the NT government to move away from over-incarceration in favour of investing in evidence-based supports, rehabilitation and healing. 

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