YAPA media release: 2 March 2007
Peak organisations for young people in NSW have condemned a plan announced by the NSW Opposition today.
Opposition leader Peter Debnam plans to change the age at which a child can be held responsible for criminal behaviour, known as "doli incapax".
But the Youth Action & Policy Association says the current system is working and there have been major improvements since the Young Offenders Act was introduced in 1997.
Executive Officer, Kristy Delaney said that currently the prosecution is required to prove that a child 10-14 years of age knows that what they are doing is wrong. If they are successful the court can impose a range of penalties including police cautions, community service orders and youth justice conferencing.
Julianne Elliott, Convenor of the Youth Justice Coalition said "Maintaining this age distinction is essential in recognising that children develop emotionally at different ages. If a child cannot understand the criminal nature of their actions, then they cannot be held responsible for them. These proposed changes are particularly concerning for children and young people with intellectual and developmental disabilities."
Ms Delaney said "Only a small proportion of young people receiving a caution (5%) and those receiving conferencing (11%) receive a custodial penalty within five years. The rate of re-offending is much lower since the introduction of the Young Offenders Act." (Reoffending among young people cautioned by police or who participated in a youth justice conference, NSW Bureau of Crime Statistics and Research 2006)
"Conferencing is a tough but effective option. Young people must face up to their victims without the protection of a lawyer and face up to what they have done. They are also required to repair the damage they have caused."
"Instead of a law and order auction we should get tough on the causes of crime. We need to address those factors which cause serious juvenile re-offending such as poor school performance, family dysfunction and poverty."
Media contact
Julianne Elliott, Youth Justice Coalition, C/- Marrickville Legal Centre 0417 022 564
