Police and community groups have responded differently to the move.
The Victorian government has reneged on a promise by former Premier Daniel Andrews to increase the age of criminal responsibility to 14, with his successor Jacinta Allan stating that her decision comes at a “different time, under a different government, with a different premier.”
The initial proposal was to raise the age from 10 to 12, and then to 14 by 2027, with exceptions for serious crimes such as murder and terrorism.
Andrews had aimed for a national consensus but indicated that his government would not hesitate to make the change independently.
“Where [the age] currently stands is not acceptable. It must change,” he asserted.
However, Allan has halted the increase at 12, pointing out that Victoria remains the first state in the nation to raise it from 10.
“The bill before the parliament will raise the age of criminal responsibility to 12, and that is where it will remain,” she declared.
The decision follows several high-profile incidents involving alleged youth offenders, including two fatal car crashes.
In Australia, children as young as 10 can be charged, convicted, and imprisoned, with the exception of the Northern Territory, which raised the age of criminal responsibility to 12 in August 2023.
However, the ACT has passed legislation to increase the age to 14 by 2025 (with some exceptions), while Tasmania has signaled its intention to follow suit.
Victoria will also reintroduce laws against committing an offense while on bail, applicable to both adults and children. Attorney-General Jaclyn Symes argues that the new bail offense is different as it pertains to serious crimes rather than indictable offenses.
Additionally, obtaining bail will become more challenging.
“Bail is a privilege, not a right,” Allan emphasized.
These changes are part of a comprehensive youth justice bill being deliberated in the Victorian Parliament this week, which includes an ankle monitoring trial for repeat offenders on bail and establishes a system of warnings, cautions, and diversions.
The premier confirmed that no children under 14 are currently incarcerated in Victoria.
Police Response
Victoria Police have welcomed the reversal on raising the age and the focus on dangerous driving, aggravated burglary, home invasion, and armed robbery.
“These are the offenses we want to protect the community from, and this will empower us to do so,” Chief Commissioner Shane Patton stated.
The police and the Police Association have consistently opposed raising the age to 14, citing a surge in the “prevalence and severity of criminal offending” among 12- and 13-year-olds.
Data from the Crime Statistics Agency reveals that crimes committed by 10 to 13-year-olds increased by 22.5 percent in 2023, with offenses by 10- and 11-year-olds rising by 65 percent.
There was also a 30 percent uptick among the 14- to 17-year-old age group, marking the highest rate of offending in that cohort since 2009.
“While Victoria is generally a very safe state, we are facing significant challenges with youth offending,” Patton noted upon the release of the data.
However, the policy reversal has drawn criticism from community organizations, contending that medical evidence indicates younger children lack the cognitive capacity to be held criminally accountable.
The Victorian Aboriginal Legal Service labeled Allan’s decision as “betrayal” in a strongly-worded statement, asserting that “promises can vanish like writing in the sand.”
They claimed that Victoria Police “manipulated data to stoke fear about crime when crime levels are historically low” and that “Aboriginal children are unfairly targeted by law enforcement and the courts.”
“Imprisonment has detrimental effects on children, impacting their health, development, mental well-being, and future prospects. Research demonstrates that the earlier a child is incarcerated, the higher the risk of entrenchment in the criminal justice system and reoffending later in life,” said Monique Hurley, the HRLC’s associate legal director.
James Ogloff, a professor at Swinburne University who co-led a 2016 review of the youth justice system, along with Justice Department Secretary Penny Armytage, stated that the bill strikes a balance between keeping as many children out of custody as possible while safeguarding community safety.
“No legislation can solve all problems,” he acknowledged.
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