Share on LinkedInShare on LinkedIn

ARTICLE · 11 JANUARY 2020

Should the age of criminal responsibility in Australia be raised?

Raising the age of criminal responsibility from 10 to 14 will go a long way towards reducing youth incarceration rates.

AustraliaCriminal Law

During the 12 month period 2017-2018, more than five-and-a-half thousand young people aged 10 and over were under youth justice supervision on an average day.

Eighteen percent were in detention and, of those , 60% were unsentenced. Half were Indigenous.

These are the numbers from the most recent Australian Institute of Health and Welfare (AIHW) youth justice report.

These figures have contributed to calls to raise of the age of criminal responsibility in Australia from 10 years to 14.

The Current Law

In New South Wales, the law assumes that children aged under the age of 10 cannot be found guilty of an offence.

This principle is enshrined in section 5 of the Children (Criminal Proceedings) Act 1987.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from