imminent and serious threat of injury to the child or others, and only when
all other means of control have been exhausted.
Recommendation 17: The Northern Territory Government fully implement
the recommendations of the Northern Territory Royal Commission.
Recommendation 18: Governments legislate against the detention in adult
facilities of persons under 18 years.
Recommendation 19: Governments raise the minimum age of criminal
responsibility from 10 years to at least 14 years.
Recommendation 20: Governments ensure that imprisonment of children
and young people occurs only as a last resort and for the shortest
appropriate period of time, including through identifying and removing
barriers for young offenders accessing diversionary programs, in particular
for First Nations children. Governments should expand the availability and
range of diversionary programs for young offenders, including communitycontrolled and culturally-safe programs.
Recommendation 21: Governments should provide screening and
treatment for pre-existing conditions and disabilities when children
interact with the youth justice system. Governments should ensure that
qualified mental health support and therapies are provided for children in
youth detention (as it is for children in community), and that the
experience of incarceration does not exacerbate their mental health
problems and trauma.
People with disability in the justice system
Recommendation 22: Governments implement the recommendations of
the Committee on the Rights of Persons with Disabilities in 2019 concerning
the criminal justice system, including but not limited to:
•
Implementing the National Statement of Principles Relating to Persons
Unfit to Plead or Found Not Guilty By Reason of Cognitive or Mental
Health Impairment into laws, policies and procedures.
•
Ensuring adequate disability supports and services are available in
the criminal justice system, including the provision of mental health
care services.
Prison and Remand
Recommendation 23: Governments take steps to reduce the number of
people on remand, including by amending overly harsh bail laws.
42