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MEDIA RELEASE
November 30, 2022

Justice advocates have welcomed a decision by the Northern Territory Government to raise the age of criminal responsibility from 10 to 12 years old, saying it will enable vulnerable children to get the support they need.

Northern Territory Aboriginal Justice Agreement (NTAJA) governance committee co-chair, Olga Havnen, said the new legislation, which was passed on [insert day], was a positive step in the right direction.

“Under these new laws, children under the age of 12 will not be able to be sent to youth detention,” Ms Havnen said.

“Instead, should they come into contact with police, rather than entering the criminal justice system, they will be referred to support services that provide the help they need to avoid becoming offenders, which in turn will enhance community safety.

“Extensive research has shown that children, and many teenagers, are not at a cognitive stage of development where they are able to fully appreciate the significance and lifelong consequences of offending behaviour.

“The criminal justice system, and in particular, youth detention, is not appropriate to address or rehabilitate those behaviours. In fact, evidence shows that children who are detained are much more likely to become trapped in a cycle of reoffending and repeated punishment compared to those who are able to access the diversion and support services they need.

Ms Havnen said she would like to see the age of criminal responsibility raised further to 14 years, however the new legislation, coupled with the recent changes to mandatory sentencing, was a positive sign that the Territory was “headed in the right direction”.

“I applaud the government for acknowledging that the past ways of dealing with this complex challenge haven’t worked and for embracing the evidence on smarter justice initiatives that will support our most vulnerable young people and most importantly, make our communities safer,” she said.

The NTAJA, which has bipartisan support, seeks to reduce offending and imprisonment of Aboriginal Territorians and improve justice responses and services. Numerous initiatives designed to prevent crime and divert offenders are already in operation and showing signs of being effective.

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