Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021
Plain English Summary
Overview
This bill sought to raise the age of criminal responsibility in Queensland from 10 to 14 years old. Children under 14 would no longer have been charged, prosecuted, detained, or given criminal records. It also required the release of children already in custody and the expungement of their records. This bill failed at the second reading and did not become law.
Who it affects
Children aged 10-13 who come into contact with police, and particularly First Nations children who make up 84% of this age group in Queensland detention. Around 130 children per year would have been diverted from detention.
Key changes
- Raise the minimum age of criminal responsibility from 10 to 14 years old
- Replace the doli incapax presumption with absolute immunity from prosecution for under-14s
- Release children from police watch-houses within 3 days and from detention centres within 1 month for under-14 offences only
- Destroy all fingerprints, DNA samples, and forensic evidence collected from children for offences committed under 14
- Expunge all criminal records and convictions for offences committed under 14
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Sept 2021View Hansard
Referred to Community Support and Services Committee
The Community Support and Services Committee examined the bill over six months, receiving submissions and holding public hearings. While submitters broadly supported raising the minimum age of criminal responsibility, the committee recommended the bill not be passed, favouring instead a national approach to raise the age from 10 to 12 rather than the bill's proposed increase to 14. The committee made four additional recommendations directed at the Queensland Government, all of which the Government supported, covering residential care worker training, national coordination with other Attorneys-General, improved doli incapax training for justice stakeholders, and the need for adequate diversion programs.
Key findings (5)
- Submitters consistently supported raising the minimum age of criminal responsibility, citing the over-representation of First Nations children in the youth justice system and neurodevelopmental evidence that children under 14 lack capacity for criminal intent.
- The committee favoured a national approach to raise the age to 12, as recommended by the Atkinson Youth Justice Report, rather than the bill's proposed increase to 14.
- Stakeholders raised concerns about the need for adequate diversion programs and culturally appropriate services to be in place before any reform.
- The committee examined the existing doli incapax presumption and found that targeted training and clearer practice directions were needed for police, lawyers, and courts.
- The Queensland Government supported all four subsidiary recommendations but did not support the bill itself.
Recommendations (5)
- The committee recommends the Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021 not be passed.
- The committee recommends that the Queensland Government evaluate the training currently provided to residential care workers to determine whether its residential care workers are given sufficient training in diversionary tactics and de-escalation techniques.
- The committee recommends the Queensland Government continue to work with all State and Territory Attorneys-General to consider the increase of the minimum age of criminal responsibility from 10 to 12, including any caveats, timing and discussion of implementation requirements.
- The committee recommends the Queensland Government consider targeted training and accreditation processes and clear practice direction for stakeholders regarding procedural requirements for court proceedings.
- The committee recommends that any alternative proposal to the youth justice system considered by the Queensland Government should include adequate and effective diversion programs and services, including place-based and culturally appropriate practices, to support young people and address factors which lead to offending behaviour.
Committee report tabled
▸Second Reading16 Aug 2022View Hansard
▸8 members spoke2 support6 oppose
Introduced the bill and moved the second reading, arguing that medical evidence shows 10- to 13-year-olds' brains are not fully developed, criminalising children increases reoffending, and current laws disproportionately impact First Nations children and breach human rights obligations.
“Does it make sense to give a 12-year-old child the same criminal legal responsibility as a 32-year-old?”— 2022-08-16View Hansard
Spoke against the bill on behalf of the government, arguing it lacks a necessary alternative framework for responding to children exhibiting harmful behaviour and pre-empts a national approach being developed through the Meeting of Attorneys-General.
“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.”— 2022-08-16View Hansard
Argued the LNP's first priority must be community protection, that the bill provides no alternative framework for dealing with offenders under 14, and that the national attorneys-general process is the appropriate forum for this issue.
“The member for Maiwar is telling us how we can deal with 14-year-olds but he is not going to tell us how it is going to happen, the structures that are going to be put in place and the funding that is going to be necessary for that to occur.”— 2022-08-16View Hansard
Strongly supported raising the age, arguing it is essential for closing the gap on First Nations incarceration, that criminalising children does not keep communities safe, and that investment should be redirected from detention into housing, schools and support services.
“If the Queensland government are genuinely committed to closing the gap, they need to raise the age.”— 2022-08-16View Hansard
Opposed the bill, arguing Queensland is in the grip of a juvenile crime epidemic and the bill would give young offenders a free pass, describing it as a slap in the face to victims of youth crime.
“To propose here today to give free rein to a group of young offenders who are currently ripping this state apart is not acceptable.”— 2022-08-16View Hansard
Did not support the bill, arguing it would effectively give youth a free pass and is a slap in the face to victims of youth crime, and instead advocated for KAP's relocation sentencing policy.
“It is beyond belief that we are debating this bill that will effectively give youth a free pass.”— 2022-08-16View Hansard
Opposed the bill, arguing the current youth crime situation is volatile and requires acute intervention rather than raising the age, and advocated for relocation sentencing as an alternative to both detention and removing criminal responsibility.
“It is a really volatile situation and pretty unpleasant when you are living with it in places like Mount Isa, Townsville and Cairns and we are begging for something a bit more acute that is going to deal with this problem.”— 2022-08-16View Hansard
Strongly opposed the bill, arguing children as young as 10 know right from wrong and that the bill would give them a hall pass to commit crimes without consequences, and advocated for KAP's relocation sentencing policy.
“Do not tell me these kids do not know right from wrong. They know right from wrong because they run from the police.”— 2022-08-16View Hansard