What is the controversial Northern Territory law that sends 10-year-olds to prison? – First post

Parliament in Australia’s Northern Territory (NT) has passed controversial legislation lowering the age of criminal responsibility to 10 years.

The decision reverses an earlier move to raise the age to 12 and has drawn strong criticism from human rights organizations, doctors, indigenous groups and international experts.

Yet the Country Liberal Party (CLP)-led NT government insists the change is necessary to tackle rising youth crime rates.

What is behind this turnaround?

In 2023, the NT became the first jurisdiction in Australia to increase the age of criminal responsibility from 10 to 12 years. However, after a landslide election victory in 2024, the new CLP government under Prime Minister Lia Finocchiaro immediately reversed this decision.

On Thursday, the NT Parliament passed three new laws, including returning the age of criminal responsibility to 10, tougher bail conditions and sentencing provisions against ramming and bragging about crimes on social media.

“We have this obligation to the child who has been abandoned in various ways over a long period of time,” Finocchiaro told parliament. “And we have that [an obligation to] the people who just want to be safe, people who don’t want to live in fear anymore.”

Finocchiaro explained that lowering the age again would allow courts to intervene early in the lives of young offenders by enrolling them in rehabilitation programs. “We make no apologies for failing to meet our commitments to reduce crime for all Territory residents,” she added.

But critics argue the legislation will disproportionately target Aboriginal children and only exacerbate long-term problems. The NT has the highest rate of incarcerated children in the country, and Aboriginal children are incarcerated at eleven times the national average.

Independent MP Yingiya Guyula, a Yolŋu man, succinctly condemned the law as “racist”. BBC“It’s just colonization – someone else making decisions for us in the community when they should be listening to our people.”

What is the debate about youth crime and punishment in Australia?

The debate over youth crime has escalated in Australia, with several states experiencing an increase in youth-related crime. The NT was particularly affected, where a series of violent incidents in cities such as Alice Springs led to curfews being imposed.

Supporters of the new laws believe tougher measures are needed to address these issues, particularly when it comes to crimes like battering ram.

CLP member and former youth worker Clinton Howe defended the laws, arguing that prison was the only consequence that would have a deterrent effect on young offenders. “For some of these kids, it’s the only thing left,” Howe said. “We need to intervene early for the child’s benefit… In the environment in which they live, no one cares.”

However, former NT Attorney-General Chansey Peach, who led the charge to raise the age of criminal responsibility in 2022, expressed disappointment, saying: “We are talking about people who are considered too vulnerable to be the age they are stay on social networks.” Media; They have no place in the criminal justice system.”

Peach and many experts fear the new laws will only further entrench vulnerable children into the criminal justice system. “Putting children in cells… This is child abuse,” he added.

Does detaining young children help them?

Research both globally and in Australia suggests that incarcerating children often leads to poorer outcomes and makes them more likely to re-offend, while harming their health, education and employment prospects.

A recent report from the Australian Human Rights Commission concluded that youth incarceration was driven by “populist tough-on-crime rhetoric rather than evidence-based policies.

Professor Fiona Stanley, founding director of the Telethon Kids Institute, warned that detaining children would lead to further problems. “If you want to create a monster, this is the way to do it,” she said SBS News.

Stanley said most young offenders have neurological or developmental disabilities and their detention in prison is “inhumane, ineffective and expensive”. She advocates for early intervention and therapeutic programs rather than punishment to prevent juvenile crime.

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Doctors and human rights activists share these views. Professor Steve Robson, president of the Australian Medical Association, said: “Prison should not be a rite of passage for any child.” Robson argued that incarceration not only caused mental harm to children but also stunted their physical development.

NT Children’s Commissioner Shahleena Musk, a Larrakia woman, criticized the government for focusing on punitive measures rather than tackling the root causes of crime. “We should not stand by and allow these children to end up in a juvenile justice system that is harmful, ineffective and only exacerbates the problems we are trying to change,” she said BBC.

Is this law a step towards systematic racism?

One of the most controversial aspects of the new laws is their disproportionate impact on Aboriginal children.

The NT’s Indigenous population is already over-represented in the justice system and experts warn that lowering the age of criminal responsibility will exacerbate this. Indigenous leaders and advocates argue the laws reflect a broader problem of systemic racism.

Independent MP Guyula expressed his frustration, stating: “That’s it [targeted] among Indigenous peoples.” Guyula, along with other Indigenous leaders, are calling for a more community-led approach to dealing with youth crime, stressing that prevention and support, not punishment, are the key to reducing crime rates.

A report by the Australian Human Rights Commission calls for the age of criminal responsibility to be raised to 14, in line with international standards. It recommends Australia invest in support services for children rather than locking them up.

How are other areas of Australia faring?

As the debate rages on, the NT is the only Australian jurisdiction to lower the age of criminal responsibility back to 10. Meanwhile, other states and territories are moving in the opposite direction.

The Australian Capital Territory has raised the age above 10, and Victoria has passed legislation to raise it to 14 by 2024, while Tasmania plans to follow suit by 2029.

Critics fear the NT’s decision could slow national reform momentum. Jared Sharp, chief counsel for the North Australian Aboriginal Justice Agency (NAAJA), called on the government to rethink. “We’re going to see 10-year-olds in prison, and that’s not the way for a civilized society to continue,” Sharp said SBS Newsand called on the government to rely on research rather than “popular policy”.

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With input from agencies