Should We Raise the Age of Criminal Responsibility? Legal and Social Implications

Under the Age of Criminal Responsibility law, a child becomes eligible for criminal prosecution. The jurisdiction of Perth has established 10 years old as the minimum threshold for Age of Criminal Responsibility.

The following investigation addresses the core question about whether Authorities should increase the minimum age at which a minor can receive criminal punishment. The blog examines how amended age childhood responsibility thresholds influence both judicial procedures and neighbourhood safety maintenance.

Understanding the Age of Criminal Responsibility

The main principles underlying the ACR in Perth include recognising children’s developmental immaturity. Brain development research indicates that children under 14 have underdeveloped cognitive capabilities.

These areas are identified concerning decision-making, moral reasoning, and impulse control, which supports the argument that they are less capable of forming criminal intent. The discrepancy between Australia and many countries has led to national discussions about raising the minimum age, with some jurisdictions, such as the Australian Capital Territory and Victoria, committing to increasing the age to 14.

The Legal Arguments for Raising the ACR

• Developmental Psychology: Raising the minimum age of ACR is strongly supported by scientific evidence, which shows that adolescent brains are not fully mature until 24 years of age. Key brain regions involved in impulse control, decision making, and risk assessment develop during adolescence.
  It leads to extensive emotional reactivity and impaired cognitive control between the ages of 10 and 14. This immaturity limits young people’s mental capacity to understand the outcomes of their actions fully and undermines criminal responsibility.
• Legal and Procedural Fairness Arguments: The current ACR of 10 years is considered unjust legally because it conflicts with the principle of procedural fairness, which requires defendants to be competent to stand trial.
  Children under 14 years generally lack the mental and intellectual capacity to understand legal proceedings or effectively participate in their defence, undermining the right to a fair trial as outlined in Anglo-Australian jurisprudence. The law’s existing approach does not adequately uphold these fundamental legal protections for young children.
• Focus on Rehabilitation: A higher ACR in Australia would facilitate age-appropriate interventions that emphasise rehabilitation, education, and addressing the causes of offending. This approach has shown better outcomes in reducing recidivism and supporting healthier development.

Counter Arguments

• Accountability and Deterrence: Arguments against raising the ACR emphasise that increasing the age may reduce young offenders’ accountability for their actions. It could lead to a lack of personal responsibility and potentially embolden youth to offend without fear of consequences.
• Handling Serious Violent Offences by Young People: Australia’s youth justice system manages individuals aged between 10 and 17 who commit offences. Children aged between 10 and 13 are subject to the “dolu incapax” presumption, which means that they are only responsible if proven capable of knowing their actions were seriously wrong.

Under a higher ACR, such cases include younger children who might be diverted from the adult criminal system and managed through enhanced rehabilitative, community-based, or juvenile-specific legal responses.

The Role of Legal Professionals in Navigating the ACR

Criminal damage lawyers and criminal trial lawyers play critical roles in handling cases involving the Age of Criminal Responsibility, providing legal advice, building defences, and representing accused clients.

Role of Criminal Damage Lawyer in Perth Related to the Age of Criminal Responsibility

• Criminal damage lawyers specialise in defending those who have faced property damage and related offences in both minor and major cases.
• Lawyers assist clients by explaining legal rights and developing strong defences to mitigate the effects of legal charges on personal life.
• These lawyers defend young offenders by knowing the protective legal measures regarding the Age of Criminal Responsibility, which states that Australians cannot be prosecuted until they are 10 years old.
• Children younger than 10 years old cannot face criminal charges and prosecution due to the law regarding the age of responsibility.
• Under doli incapax, children between 10 and 14 years of age are seen to be legally incapable. Still, courts require prosecution evidence to show the child understood the moral immorality of their act.

Role of Criminal Trial Lawyers in Perth Related to the Age of Criminal Responsibility

• Criminal trial lawyers serve as expert advisors and skilled defenders for people facing court proceedings, including youth defendants.
• The legal professional executes a complete case examination as well as presents evidence to represent witnesses throughout every court procedure while advocating for the client’s constitutional rights.
• A trial lawyer should provide a defence to young clients with Age of Criminal Responsibility laws as well as the Doli incapax presumption while representing clients aged 10 to 13.

Conclusion

The Age of Criminal Responsibility elevation provides solutions to minimise detrimental police discretion applications. The system identifies systematic racism and provides more space for restorative and therapeutic practices to handle harmful conduct towards children.