The State Government has proposed groundbreaking new laws that will impose the strictest penalties in the country on those who attempt to recruit kids for illegal actions.
Under the proposed legislative changes, adults who aid and abet children in committing crimes will face prosecution as if they themselves had committed the crime. This means that individuals who manipulate or coerce children into illegal activities will no longer escape justice by exploiting the age of their accomplices.
The State Government will also introduce a separate offence targeting individuals over the age of 21 who attempt to enlist children under the age of 18 in serious criminal offences. The proposed maximum penalty for this offence will be 15 years’ imprisonment, regardless of whether the child carries out the crime or falls below the minimum age of criminal responsibility, these adults will be held accountable under this new law.
“It’s important that tough penalties are in place to send a message to those who may try to circumvent the law by getting children to do their dirty work,” Attorney-General Kym Maher said.
“We are ensuring that those who seek to exploit kids for illegal purposes can feel the full force of the law, by changing the law about accessory liability and establishing a new criminal recruiting offence – the toughest anywhere in the country.”
As part of the comprehensive approach to tackle this problem, the Government is in the process of drafting legislation that will be open for public consultation and eventual introduction to State Parliament.
A discussion paper will also be released outlining a proposal to raise the minimum age of criminal responsibility from 10 to 12 years of age. This proposal takes into account the evolving understanding of child development and aims to ensure that children under 12 are not unduly burdened with criminal responsibility for offences that are beyond their comprehension and control.
The proposed changes would allow children under 12 to be held criminally responsible for severe offenses such as murder, manslaughter, causing serious harm, and rape. However, for children displaying other harmful behaviors, a three-tiered alternative diversion model is being considered. This model incorporates early intervention programs, mediation sessions, and more intensive support measures to guide children away from criminal paths and towards rehabilitation.
“The evidence shows that the safety of the community is jeopardised when we put vulnerable children into the criminal justice system, making them more likely to reoffend as young people and graduate to adult offending,” Kym Maher continued.
“We know that when a young person has contact with the criminal justice system, they’re more likely to become entrenched in the criminal justice system, leading to a cycle of recidivism that is rarely broken.
“Getting the supports in place to divert young people before they become a permanent fixture in the system will ultimately enhance community safety by addressing the root causes and preventing future offending.”
Tasmania has already taken the lead by raising the age to 14, while Victoria has committed to raising it to 12 in 2024 and 14 by 2027. Last year, the Northern Territory and the Australian Capital Territory raised the age of criminal responsibility to 12, with the ACT planning to raise it further to 14 in 2025.
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