1.0 Introduction
The issue under investigation is criminal responsibility age in Australia. Currently, it remains at 10 years old. The purpose of this report is to explore the legal alternatives that exist in other countries that could provide a better solution to the issue. This report aims to evaluate these alternatives and their limitations and benefits. To identify the most suitable recommendation for addressing the focus of laws towards prevention and rehabilitation as a promising solution to the issues of the criminal responsibility age in Australia.
2.0 Scope and nature of ……
Should the age of criminal responsibility be raised in Australia?
The age of criminal responsibility refers to the minimum age at which a person can be held legally
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These advocates argue that children should not be held responsible for criminal actions until they have reached an appropriate level of emotional and cognitive development (Raising the minimum age of criminal responsibility in Qld 2021). They claim that extensive research has proven that under 14 years olds lack full comprehension when considering consequences or making informed judgments consistently; so, juvenile justice should not apply until later stages within development (Submission to the Community Support and Services Committee regarding Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021 2021).
3.2 Opposing stakeholders’ perspective.
One stakeholder group who are against the increase of criminal responsibility age in Australia is law enforcement agencies. These agencies argue that raising the age of criminal responsibility would make it more difficult to hold young offenders accountable for their actions and would undermine the prevention value of the criminal justice system. They argue that there are children who can understand the consequences of their actions and should be held for their criminal behaviour.
4.0 Legal alternative to reform
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2 Legal alternative –
Another legal alternative to consider is the approach taken in Norway, where the focus of the criminal justice system is on prevention and rehabilitation rather than punishment (The Guardian, 2016).
In Norway, the age of criminal responsibility is 15 years old, and young offenders are not subject to the same types of punishments as adults (Bauer, 2019). Instead, they are placed in rehabilitation centres where they receive education, therapy, and vocational training (Tønseth, Bergsland, & Hui, 2019). The goal is to provide a supportive environment that promotes their rehabilitation and recovery into society. While addressing any underlying issues that may have led to their offending behaviour. It emphasizes prevention and rehabilitation rather than punishment, which may lead to reduced recidivism rates among young offenders (Bauer, 2019). Although, there are still limitations to this system, including concerns about the cost and availability of resources needed to support the rehabilitation centres (James,