Every child should be free to go to school, have a safe home to live in and be supported to learn from their mistakes.
But right now, politicians are sending primary school aged children to be locked away in prison. Politicians have the power to change the laws to keep children safe, supported and free from prison.
That’s why we're calling for politicians to raise the age of criminal responsibility to at least 14 years old and instead invest in solutions that work. It’s proven that community-led solutions work by helping children learn from their mistakes, grow and thrive.
Right now primary school aged children can be arrested by police, hauled before a court and locked away in prison. Ripping very young children out of their families, communities and school can cause children life-long harm. Australia is one of the few countries in the world that still locks away children as young as 10 years old. It is time for Australia to catch up with the rest of the world and listen to the medical experts which say no child under 14 years old should have any contact with the criminal legal system.
• The medical and legal evidence is clear: child prisons are always harmful, but 14 years old is the absolute youngest age a child should ever be subjected to the criminal legal system.
• Very young children are still developing - mentally, physically and emotionally. When a child is under the age of 14, they haven’t yet developed the capacity to assess risk, predict consequences or control their impulses. They are simply too young.
• Very young children are also more vulnerable to harm. Because their brains are still developing, the criminal legal system is more likely to cause them lifelong developmental and mental health trauma. Instead of helping a child, this means they are less likely to finish school or get a job, and makes it more likely that they will die prematurely.
• It is extremely rare that children under the age of 14 years old are arrested and charged with serious offending. When they are, it is because something has gone seriously wrong in that child’s life.
• Prison is a harmful not helpful response to unlawful behaviour. When a child does something wrong, they will often need interventions and support. These can be delivered through a range of non-criminal avenues such as wrap around family supports, mental health interventions, support from a case worker or on country programs.
• We are calling on every state and territory to act in line with the medical evidence and raise the age to at least 14.
• The ACT has made it clear that this reform is not only necessary, but it is achievable. They have released a clear roadmap to raising the age to 14 years old and ensuring the social and community programs are in place to support children and their families to thrive.
• We urge every state and territory to show leadership and find the courage to do the right thing by the children in their jurisdiction and raise the age to at least 14 years old.
• The vast majority of children are already supported outside of the criminal justice system. Only a tiny minority of children who have complex needs ever come into contact with police and youth prisons - but the harm caused to these children is serious and can be lifelong.
• We need to better support children to lead healthy, safe and fulfilling lives. We can do this by bringing support services together to provide comprehensive care and support for these children and their families.
• State and territory governments should follow the advice from legal and medical experts, who recommend raising the age to at least 14.