Prison no place for children

The AMA and the Law Council of Australia are concerned about the increasing politicisation of youth justice reform, including steps to walk back existing commitments to raise the age of criminal responsibility in some jurisdictions.

The National Children’s Commissioner’s report, ‘Help way earlier!’ How Australia can transform child justice to improve safety and wellbeing, was presented to the Commonwealth Attorney-General on 20 August. 

In her report, Children’s Commissioner Anne Hollonds investigates reforms to child justice and related systems in Australia to improve the wellbeing of children at risk of or in contact with the justice system.

The report echoes a joint statement in 2019 from the Australian Medical Association and the Law Council demanding action on the “national tragedy” of jailing children as young as 10.  

The AMA and the Law Council submissions during consultation on the report called for the minimum age of criminal responsibility to be raised to 14 years in all jurisdictions, and for better justice reinvestment and support for community-led diversion and support programs for young people which in turn improves community safety.

AMA President Professor Steve Robson said prison should not be a rite of passage for any child.

“The medical evidence is clear,” Professor Robson said. “Incarceration harms children mentally and impairs their physical development. Most children in prison already come from backgrounds that are disadvantaged. These children often experience violence, abuse, disability, homelessness, and drug or alcohol misuse.

“Criminalising the behaviour of young and vulnerable children creates a vicious cycle of disadvantage and increases the likelihood of ongoing experiences within the legal system.”

Chair of the AMA Committee on Public Health Dr Michael Bonning spoke with several media outlets on the issue this week, including Channel 10 news, Sky News, and the ABC.

“There is no credible evidence that locking children up at the age of 10 reduces crime in the long term,” he told 10 news.

“Criminalising the behaviour of young and vulnerable children creates this really vicious cycle of disadvantage and increases the likelihood of ongoing experiences with the legal system.

“I think you have to focus on better justice, investment and support for community led diversion. There's just no way that continuing this pathway of increasing the number of young people in detention is going to solve the social and criminal crisis that we have. We've got to lead with how ‘do we change the trajectory of the lives of these young people?’ And that's not by putting them in jail.”