Amnesty urges Queensland to raise age of criminal responsibility to 14
Amnesty International has called for the age of criminal responsibility in Queensland to be raised to 14, saying youth detention is “quicksand” for the 150 children under 14 imprisoned in the state each year.
Queensland locks up more 10-to-13year-olds than any other state; more than 70% are Indigenous. It means an Indigenous child is 30 times more likely to be sent to prison than any other Queenslander.
“A child’s chance at a bright future can be lost forever,” says Belinda Lowe, the Indigenous rights campaigner for Amnesty International.
Amnesty has launched a campaign, backed by Indigenous groups, lawyers and doctors, to raise the age of criminal responsibility in line with international standards and medical research.
In all Australian states and territories a child cannot be charged with a criminal offence under the age of 10. However, a child aged 10-14 may be convicted of a crime if the prosecution can demonstrate that the child was able to distinguish between right and wrong at the time of the offence.
A January 2017 report by the Queensland Family and Child Commission into the age of criminal responsibility found that children locked up before the age of 14 were three times more likely to become chronic adult offenders
than children locked up after 14.
Imprisoned children are less likely to complete school, to complete further education and training, or to gain employment.
“No child should be kept in a tiny cell, separated from their family. But, across Queensland, little kids as young as 10 are being locked up, far younger than the rest of the world and at the highest rates in Australia. Indigenous children are the worst affected, it’s not fair and it’s not right,” Lowe said.
The Queensland government is drafting a new youth justice strategy, which is due for completion in Novem-
ber.
Dr Li-Zsa Tan, a fellow of the Royal Australasian College of Physicians, said paediatricians recognise the current age of criminal responsibility does not address the factors that contribute to juvenile crime, or that children younger than 14 are more likely to take risks.
“Behavioural and neuroscientific studies show the brain undergoes an intense period of development and synaptic change during prepubescence and adolescence. These changes directly affect how children perceive and react to risk-taking under peer influence, and these issues are compounded in vulnerable communities,” Tan said.
Amnesty says therapeutic programs that have worked with young offenders have reported “powerful results” but have not been funded by the Queensland government.
One such program, Red Dust Healing, was trialled at the Cleveland youth detention centre near Brisbane. Children were monitored for two years afterwards and none returned to detention.
The Aboriginal and Torres Strait Islander Legal Service Queensland chief executive, Shane Duffy, said Indigenous children were more likely to be stopped by police, and more likely to receive a custodial sentence.
“That’s why this government needs to stop criminalising such young children, and instead support the excellent Indigenous-led programs around Queensland that will give Aboriginal and Torres Strait Islander children the best chance in life.”
Lowe said the Queensland government needed to fund community-led programs and immediately raise the age of criminal responsibility to 14.
“All Queensland children deserve a positive start in life. But once they’re stuck in the quicksand of the prison system, a child’s chance at a bright future can be lost forever. The Palaszczuk government must instead give young kids the extra support they need, so they can grow and thrive, strong in their communities.”
Across Queensland, little kids as young as 10 are being locked up, far younger than the rest of the world Belinda Lowe, Amnesty International