Exclusive: Victoria to raise the age of criminal responsibility to 12
In February, Premier Daniel Andrews flagged that he was prepared to follow other jurisdictions, including the Northern Territory and ACT, and commit to raising the age, even if a national consensus was not reached.
The Royal Australasian College of Physicians described the decision by the government to limit the raised age to 12 as “deeply concerning” and against medical advice“Many children in the youth justice system have significant neurodevelopmental disabilities, and other physical and mental health needs, which are compounded by contact with the youth justice system and incarceration,” RACP President and Paediatrician Dr Jacqueline Small said.
Victoria already has strong legal protections for children charged with crimes, known as doli incapax, which describes the inability of children under the minimum age of criminal responsibility to form criminal intent. If a child is aged over 10 years but under 14, there is a common law presumption of doli incapax.
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