Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021

Introduced: 15/9/2021By: Mr M Berkman MPStatus: 2nd reading failed

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced15 Sept 2021View Hansard
First Reading15 Sept 2021View Hansard
Committee15 Sept 2021View Hansard

Referred to Community Support and Services Committee

Second Reading16 Aug 2022View Hansard
8 members spoke2 support6 oppose
5.34 pmMr BERKMANSupports

As the bill's sponsor, argued that criminalising children aged 10-13 is harmful, out of step with international standards, and disproportionately affects First Nations children. Cited medical evidence that young children's brains are not fully developed and early contact with the criminal system increases likelihood of reoffending.

Does it make sense to give a 12-year-old child the same criminal legal responsibility as a 32-year-old? Does it make sense that in the same year a child might still be losing baby teeth or receiving a symbolic pen licence from their teacher for reliably legible handwriting that they can receive a jail sentence?2022-08-16View Hansard
5.44 pmHon. SM FENTIMANOpposes

Opposed the bill on grounds that it lacks an alternative framework to respond to children who exhibit harmful behaviour and pre-empts national discussions. Argued community safety is the government's priority and that national consistency through the Meeting of Attorneys-General is the appropriate forum for this reform.

Simply changing the criminal law does not reflect the complexity underlying youth offending and why children as young as 10 years old commit these offences. This bill seeks to put the cart before the horse both in the sense that it lacks the necessary alternative framework to respond to children aged between 10 and 14 years who exhibit harmful behaviour and in that it pre-empts a national approach to a fundamental criminal justice issue.2022-08-16View Hansard
5.52 pmMr NICHOLLSOpposes

Argued the bill fails to protect the community and lacks an alternative regime for dealing with offenders under 14. Stated the LNP's first priority is protection of the community and that the bill does not instil confidence in the youth justice system or provide concrete proposals for alternatives.

In the absence of any alternative, the member for Maiwar is putting forward a proposition that will not have the confidence of the community, will not act to protect the community, and provides no alternative method of dealing with young offenders under the age of 14.2022-08-16View Hansard
6.01 pmDr MacMAHONSupports

Strongly supported raising the age, emphasising that First Nations children are 29 times more likely to be detained and that jailing children does not keep communities safe. Called for investment in housing, schools and support services rather than criminalising children experiencing poverty and trauma.

If the Queensland government are genuinely committed to closing the gap, they need to raise the age. If the Queensland government are genuinely committed to stopping black deaths in custody, they need to raise the age. If the Queensland government are genuinely committed to justice for First Nations people, they need to raise the age.2022-08-16View Hansard
6.11 pmMr LASTOpposes

Strongly opposed the bill on behalf of victims of youth crime across Queensland. Cited rising youth crime statistics and argued that young offenders know the law and would commit more crime if they knew there were no consequences. Stated Queensland is in the grip of the worst juvenile crime epidemic in history.

To propose here today to give free rein to a group of young offenders who are currently ripping this state apart is not acceptable. This state is in the grip of the worst juvenile crime epidemic in history.2022-08-16View Hansard
6.21 pmMr KNUTHOpposes

Opposed the bill as a slap in the face to victims of youth crime. Cited rising youth crime statistics and argued young offenders know right from wrong. Advocated for KAP's relocation sentencing policy as an alternative, where repeat offenders would be sent to remote properties for rehabilitation through work and discipline.

It is beyond belief that we are debating this bill that will effectively give youth a free pass. It would send a clear signal that they can get away with anything.2022-08-16View Hansard
6.26 pmMr KATTEROpposes

Opposed the bill, describing the acute youth crime crisis in Mount Isa, Townsville and Cairns with detailed accounts of car thefts, home invasions and attacks on elderly residents. Argued that while detention centres are not working, children need consequences and boundaries, and advocated for relocation sentencing to remote areas.

This is a highly unstable, volatile situation that needs an acute arrest and at least some succour or some relief for the victims of the crime to say that there is a consequence. If we have true compassion for these kids, it is my belief that we want to send them a message to say, 'Mate, it's not right. You can't do that.'2022-08-16View Hansard
6.37 pmMr DAMETTOOpposes

Strongly opposed the bill, arguing that children in detention have committed serious offences after multiple chances and diversions. Stated that 10-14 year olds know right from wrong and need boundaries and consequences. Advocated for KAP's relocation sentencing policy and criticised the current system for failing to intervene with at-risk children.

Do not think for a second a child between the ages of 10 and 14 does not know right from wrong. Everyone in this House has been a child at some stage. I imagine most people in this House would have been raised with boundaries. A lot of these kids are not raised with boundaries.2022-08-16View Hansard
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Plain English Summary

Overview

This bill sought to raise the age of criminal responsibility in Queensland from 10 to 14 years old. It would have prevented children under 14 from being charged, prosecuted, detained or given criminal records, and required the release of children already in custody for offences committed before age 14. The bill failed at the second reading and did not become law.

Who it affects

Children aged 10-13 who come into contact with police, particularly First Nations children who are vastly overrepresented in youth detention (84% of 10-13 year olds in Queensland detention are Indigenous).

Key changes

  • Raise minimum age of criminal responsibility from 10 to 14 years old
  • Remove the doli incapax provision allowing prosecution of 10-13 year olds who 'knew better'
  • Release children from watch-houses within 3 days and detention within 1 month if held only for under-14 offences
  • Destroy fingerprints, DNA and other identifying information collected from children under 14
  • Expunge all criminal records for offences committed before age 14