remand.330 Some of the reasons for such high numbers on remand in the Northern Territory include the introduction of the offence of breach of bail, the imposition of bail conditions unlikely to be adhered to, the lack of programs to support children on bail, and the lack of suitable accommodation for young offenders released on bail.331 (iii) Mandatory minimum sentences 341. The Commission has repeatedly raised concerns about mandatory sentencing laws and their impact on human rights. Although most states and territories do not have mandatory minimum sentences for juveniles, in the Northern Territory and WA these still exist,332 despite repeated calls for their repeal. 342. For children in particular, the imposition of mandatory minimum sentences of detention risks breaching article 37 and article 40 of the CRC. They also have an additional impact on Aboriginal and Torres Strait Islander children, who are more likely to have criminal histories and inadequate access to diversionary programs, and are contrary to the findings of the 1991 Royal Commission into Aboriginal Deaths in Custody.333 Recommendation 49: Australian Governments: (d) • identify and remove barriers for young offenders accessing diversionary programs, in particular for Aboriginal and Torres Strait Islander children • expand the availability and range of diversionary programs for young offenders, including community-controlled and culturallysafe programs • review bail laws for their impact on the number of children on remand in detention • abolish mandatory minimum sentencing laws that apply to children. Age of criminal responsibility 343. The Commission notes that the minimum age of criminal responsibility in Australia is comparatively low compared with other countries.334 344. In her Children’s Rights Report 2016, the NCC recommended that the age of criminal responsibility be raised from 10 years to at least 12 years in the 60

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