Calls To Raise The Age Of Criminal Responsibility From 10 To As High As 16

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Radical changes to the law could see the age of criminal responsibility raised as high as 16 from the current age of 10.

This comes as a review has been signed off for a 12-month investigation into the issue, with the Federal Attorney-General and state representatives not committing to the change, but waiting on its findings to determine the best course of action.

The current age of criminal responsibility is 10, which means that there is a presumption that a child of this age or younger cannot be prosecuted.

This is because they are not seen to have a fully developed sense of right and wrong, and are therefore not considered to be capable of committing a crime - given the fact that the prosecution of a crime requires not only the criminal act, but also an intention to commit it.

Up until the age of 14, it must be shown that the child understood their actions were wrong and not just 'naughty'.

It is understood that there is also discussion about whether the age of criminal responsibility could be raised to 16 depending on the severity of the crime.

 

26 November 2018




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