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
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