24 April 2023

The Royal Australasian College of Physicians (RACP), representing paediatricians and physicians, is calling on the Victorian Government to raise the age of criminal responsibility to 14.

It says reports that the Government is considering raising the age only to 12 and not 14 is deeply concerning and flies in the face of medical advice.

The RACP wrote to the Victorian Attorney-General on Friday, urging the Government to raise the age to 14 with ‘no exceptions – no carve outs’.

RACP President and Paediatrician Dr Jacqueline Small says “The Victorian Government has an opportunity to lead the way by supporting our recommendations to raise the age to 14 and improve long-term health outcomes for vulnerable communities. We urge them to not squander it.

“Many children in the youth justice system have significant neurodevelopmental disabilities, and other physical and mental health needs, which are compounded by contact with the youth justice system and incarceration^.[1]

“Children under 14 years may not have the level of maturity and cognitive function to be considered criminally responsible.

“Raising the age of criminal responsibility to 14 years is critical to protecting the health and wellbeing of children and young people at risk of incarceration, especially Aboriginal and Torres Strait Islander children and children with developmental disabilities.

“There needs to be a nationally consistent minimum age of criminal responsibility of 14 years with no exceptions or carve-outs.

Professor Nitin Kapur, President of the Paediatrics and Child Health Division and RACP spokesperson says “The harms that come from incarcerating children under 14 can last a lifetime and exacerbate existing inequities that young people who go through the justice system must face.

“Aboriginal and Torres Strait Islander children are disproportionally represented in the criminal justice system and make up 59% of all youth detention across Australia. This reflects ongoing health inequities they face and perpetuates intergenerational trauma.”

“We should not be incarcerating children under the age of 14. We should be supporting them and ensuring that young people have access to wrap-around services and community-supported programs,” says Professor Kapur.

[1] Huges, N.,Ungar, M., Fagan, A., Murray, J., Atilola, O., Nichols, K. et.al. Health determinants of adolescent criminalisation. The Lancet, Child & Adolescent Health. 2020