Criminals who try and recruit kids to engage in criminal activities are being targeted under new laws proposed by the State Government, which will carry the toughest maximum penalties in the country.
Reform is proposed to laws around aiding and abetting, which will allow adults to be prosecuted as if they were the ones committing the crime when they are accessories to crimes of children.
Separately, a new standalone offence will target any individual over 21 years old who tries to get a child under 18 to carry out a serious criminal offence, regardless of whether the child actually carries out the act or is under the minimum age of criminal responsibility. This new offence will carry the toughest maximum penalty of anywhere in the country, 15 years’ imprisonment.
The Government is preparing legislation to be consulted on and introduced to State Parliament to deal with unscrupulous adults who despicably involve children in their criminal activities.
At the same time, the Government has released a discussion paper setting out a proposal to raise the minimum age of criminal responsibility from 10 to 12 years of age, with a discussion paper and consultation on the proposal available on YourSAy here.
It is proposed that children under 12 could be held criminally responsible for:
* murder or manslaughter
* causing serious harm
* rape.
Where children demonstrate other dangerous or harmful behaviour, it is proposed they would enter a three-tiered alternative diversion model that would include early intervention programs to help with rehabilitation, mediation sessions, and more intensive supports should that behaviour continue.
Police would retain investigative powers and the ability to prosecute children under 12 in certain cases where these alternative avenues have repeatedly failed, and the child continues to engage in repeated conduct that would otherwise constitute a serious criminal offence.
Consultation on this proposal comes after years of work by the Standing Council of Attorneys-General.
Tasmania is the first state or territory in Australia to raise the age of criminal responsibility to 14 years old, while Victoria has also committed to raising the age to 12 in 2024 and to 14 by 2027.
The Northern Territory and the Australian Capital Territory raised the age of criminal responsibility to 12 last year, while the ACT will raise the age to 14 in 2025.
As put by Kyam Maher
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.
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.
At the same time, State Government has released a discussion paper proposing a new approach to help children get back on track and avoid a life of crime.
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.
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.
At the same time, though, there will always be cases where young people simply won’t be able to engage with that process. This is why the proposed model allows for prosecution in serious cases and those where diversionary programs have failed.
This is a significant matter of community safety and I’d urge South Australians to have their say on our proposed model.
