The Black Mountain Sub-Branch congratulates the ACT Labor government on making the ACT the most progressive jurisdiction in Australia regarding the age of Criminal responsibility. However, Black Mountain believes 14 and 15 year olds are too young to be held criminally responsible for all but very serious offences.This belief is founded upon the fundamental principles of rehabilitation and the rights of the child. Black Mountain recognises that holding children criminally responsible only results in more serious crimes later in life. This progressive approach of crime prevention through raising the age of criminal responsibility has been displayed to be effective in Portugal, Luxemburg, Norway as well as other OECD Nations.
The Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (ACT) sets the age of criminal responsibility to be 14 years of age commencing on the 1st of July. The legislation makes an exception for those older than 12 and who are alleged to of committed the most serious of offences despite knowing they were wrong.
This motion asks the Attorney-General of the Australian Capital Territory to consider raising the age of criminal responsibility to 16 and creating another exception for those older than 14. This exception would allow those older than 14 to be convicted of very serious offences when the child understands their actions are wrong. This would create a three-tier approach to criminal responsibility as reflected in the table below.
Age Can be found criminally responsible for Younger than 12 years of age No offences
Older than 12 years of age but younger than 14 years of age
The most serious offences when the child understands their actions are wrong
Older than 14 years of age but younger than 16 years of age
Very serious offences when the child understands their actions are wrong
This motion recommends that very serious offences be defined at those which have a maximum sentence of 10 years or more. This will ensure that state correction can occur where absolutely necessary, while simultaneously protecting most children from the criminal justice system.