Raising the age of criminal responsibility
Legislation began in November 2023 which aims to:
- divert children and young people away from harmful behaviours to themselves or to others
- support children and young people to be part of a safer community.
This legislation is the Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023.
About the reform
The legislation raised the minimum age of criminal responsibility in the ACT from 10 to 14 years in 2 stages:
- The minimum age of criminal responsibility increased to 12 years old on 22 November 2023. This means that people under 12 are not held criminally responsible for harmful behaviour.
- On 1 July 2025, the minimum age of criminal responsibility will increase from 12 years old to 14. This means that children under 14 years will not be criminally responsible for harmful behaviour. This is except for 12 and 13 year olds who commit certain exceptionally serious and intentionally violent offences.
What is changing
Instead of a criminal response, children and young people under the minimum age will be referred for support to address their behaviour. This support will address issues, often a result of complex trauma, that are causing their behaviour.
The Therapeutic Support Panel is a referral service which provides individual and culturally appropriate support. The panel helps children and young people who engage in or may engage in behaviour that is harmful to themselves or to others.
The panel is part of building a better system to address unmet needs of children and young people. The panel can reduce the risk of future harmful behaviours, improve social and health outcomes for participants, and increase community safety.
Support for victims
Support for victims of harm is not changing as part of this reform.
If you are a victim of a crime, regardless of the age of the person who has harmed you, ACT Police remain the first point of contact for help.
ACT Police will take action to ensure community safety, regardless of the age of the person.
Victims of harm, regardless of the age of the person who caused the harm, can also get help from Victims Support ACT.
Why it’s important
The minimum age of criminal responsibility recognises that children’s brains are not developed enough to form criminal intent.
This reform addresses the underlying causes of harmful behaviour for children and young people and aims to divert them away from the criminal justice system.
Children and young people who engage in harmful behaviours often live with disability, trauma, complex circumstances and face daily challenges. By addressing their unmet needs, we can divert them from a lifetime engaging with the criminal justice system.
Raising the minimum age of criminal responsibility helps at-risk children outside of the justice system. It means we address the cause of their harmful behaviour to get better results for them, their families, and the community.