Raising Australia’s Age Of Criminal Responsibility
The age of criminal responsibility in Australia is currently 10 years old, making it one of the lowest in the developed world. This has been the subject of much debate in recent years, with many arguing that the age should be raised in order to protect vulnerable children from being criminalised and being exposed to the justice system.
International Comparison Of Age Of Criminal Responsibility
Australia’s age of criminal responsibility is considerably lower than other countries. In the United States, the age of criminal responsibility is typically 14-17 years old, depending on the state. In the United Kingdom, the age of criminal responsibility is 10 but only applies to serious offences. Canada has a higher age of criminal responsibility at 12, while countries like Germany, France and Denmark all have the age of criminal responsibility set at 14.
Arguments For Raising The Age Of Criminal Responsibility
One of the main arguments for raising the age of criminal responsibility is that children under the age of 10 are not mature enough to understand the consequences of their actions. It is argued that these children should not be held accountable for their actions, as they do not have the development to comprehend the implications of criminal behaviour. Another argument for raising the age of criminal responsibility is that children under the age of 10 may not be aware of the legal system, and may not be able to access the necessary legal support to defend themselves in court. This could lead to unfair trials and wrongful convictions, as well as exposing children to a system they may not understand.
Arguments Against Raising The Age Of Criminal Responsibility
However, there are also arguments against raising the age of criminal responsibility. It is argued that raising the age of criminal responsibility would lead to an increase in crime, as children would not be held accountable for their actions and could commit more crimes without fear of consequence. It is also argued that raising the age of criminal responsibility would lead to a lack of accountability and could result in a culture of impunity. This could lead to an overall decrease in respect for the law and justice system, as well as a lack of respect for the consequences of criminal behaviour.
Recent Developments
Recently, there have been a number of developments in Australia regarding the age of criminal responsibility. In 2016, the Council of Australian Governments (COAG) agreed to raise the age of criminal responsibility to 14 years old, however this has not yet been implemented. In 2018, the Australian Human Rights Commission recommended that the age of criminal responsibility be raised to 12 years old.
The Impact Of COVID-19
The COVID-19 pandemic has had a significant impact on the debate surrounding the age of criminal responsibility. It has highlighted the need for reform of the justice system, particularly with regards to children and young people. The pandemic has also led to a greater understanding of the impacts of criminalisation on vulnerable children, with many arguing that the age of criminal responsibility should be raised in order to protect these children.
Conclusion
The debate surrounding the age of criminal responsibility in Australia is likely to continue for some time. However, it is clear that there is a need for reform in order to protect vulnerable children from being criminalised and exposed to the justice system. It is hoped that the COVID-19 pandemic can be used as a catalyst for reform, and that the age of criminal responsibility will be increased to a more reasonable level.
