The Centre for Excellence in Therapeutic Care (CETC) is confounded, disappointed and seriously concerned about the Victorian Government’s backflip on raising the Minimum Age of Criminal Responsibility (MACR) in Victoria. This policy initiative was informed by the voices and expertise of human rights advocates, Aboriginal communities, researchers, medical and neurological doctors and legal teams. The UN Committee on the Rights of the Child (UNCRC) has also recommended a minimal acceptable standard of age 14.

Evidence on brain development and trauma remains unchanged

The research on the stages of brain development, as well as the impact of trauma on the developing brains of children is undisputable and central to this legislative reform. Nothing has changed and the evidence is clear.

There is a growing body of longitudinal neuroimaging research which has demonstrated that adolescence is a period of continued brain growth and change, challenging longstanding assumptions that the brain was largely finished maturing by puberty (Arain et al., 2013).

But this decision is not based on evidence. The tough on crime rhetoric is not evidenced and has left communities, victims and survivors of crime, families, children and young people living in despair and disappointment.

A decision driven by politics, not evidence

This politically driven, broken promise has significant implications for children and young people living in out-of-home care, particularly in residential care. Research demonstrates that contact with youth justice systems involves a filtering process which serves to propel certain young people (those in OOHC) deeper into the formal systems of intervention. The State of Victoria, Sentencing Advisory Council (2019) confirmed that there was a significant over-representation of children and young people in the child protection system who are also involved with the youth justice system.

Most young people in custody have lived through adverse childhood experiences including domestic and family violence, sexual abuse, parental incarceration, homelessness, neglect and emotional abuse. Many live with both diagnosed and undiagnosed disability including intellectual disability, acquired brain injuries, FASD, and autism. All factors beyond their capacity to control. Responses driven by incarceration and punitive interventions are not the answer and will not reduce crime. Only last year, the Disability Royal Commission Report recommended raising the age.

It is widely recognised that criminal justice responses to offending, such as incarceration, are criminogenic. Contact with the criminal justice system has a hugely detrimental and destructive impact on children and young people and increases (not decreases) their chances of future offending.

Raising the MACR ensures supports are in place to avoid this first contact, and instead provide the necessary family and individual interventions that go to heart of the issue and cause of offending, to prevent further trauma and recidivism. Evidence clearly shows that diversionary practices and holistic approaches to dealing with children’s needs are associated with reductions in offending and reducing the youth justice population.

Australia must align with global standards

The MACR in Australia is out of step with the developed world, with the global average of 14 years of age. Just over half of all Australian children imprisoned on any given night are First Nations children. Amongst other inquiries, the Yoorrook for Justice Report could not be clearer about the need for raising the age – to close the gap.

CETC’s call for an immediate review

The CETC advocates for an immediate review of this decision, that takes into account the evidence of child development and the impact of trauma on the brains of children and young people.