first instance, with preservation of doli incapax.335 The Commission
recognises that the Committee considers that 12 years is the lowest
internationally acceptable age for criminal responsibility. It encourages
raising the age to 14 or 16 years.336
345. Reasons for raising the age of criminal responsibility include:
•
many children involved in the criminal justice system come from
disadvantaged backgrounds and have complex needs better addressed
outside the criminal justice system
•
research on brain development shows that 10 and 11 year olds have
not developed the requisite level of maturity to form the necessary
intent for full criminal responsibility
•
studies have shown that the younger the child is when encountering
the justice system, the more likely they are to reoffend
•
it would bring Australia into line with its obligations under the CRC.337
346. A number of stakeholders in submissions to this report have also
recommended raising the age of criminal responsibility. 338 The NT Royal
Commission recently recommended raising the age of criminal
responsibility from 10 to 12 years. The NT Government has given inprinciple support to this recommendation. Such a move would help
decrease the rate of overrepresentation of Aboriginal and Torres Strait
Islander children in detention.339
Recommendation 50: Australian Governments raise the age of criminal
responsibility from 10 years to at least 12 years, with preservation of doli
incapax.
(e)
Aboriginal and Torres Strait Islander overrepresentation in juvenile
justice
347. While the numbers of children under juvenile justice supervision in
Australia on an average day fell by 16% between 2012–2013 and 2016–
2017,340 the level of overrepresentation of Aboriginal and Torres Strait
Islander children has risen over the same period. On an average day in
2012–2013, Aboriginal and Torres Strait Islander children aged 10–17 were
15 times more likely than non-Indigenous children to be under
supervision, rising to 18 times as likely in 2016–2017. This level was higher
in detention (24 times as likely) than community-based supervision (17
times as likely).341 In the Northern Territory, at 20 June 2018 all of the 38
juveniles in detention were Aboriginal or Torres Strait Islanders.342
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