Study finds majority of WA respondents were unaware children as young as 10 can be incarcerated

Dechlan Brennan
Dechlan Brennan Published November 4, 2024 at 8.00am (AWST)

94 per cent of people in Western Australia don't know children as young as ten can be incarcerated, a new study has revealed.

Researchers from Edith Cowan University (ECU) found very low knowledge of how young people can be charged and jailed, despite two children dying in custody in the state in the last 13 months.

More than 75 per cent of participants in the study supported raising the age between 12- and 18-years-of-age, as well as advocating for rehabilitation rather than punishment.

This seemingly goes against the position of governments across the country, who have moved towards tougher positions on crime, including locking up more children despite crime rates dropping.

The minimum age of criminal responsibility (MACR) in WA is 10, with only the ACT and Victoria legislating a raise in the age to 12.

The Northern Territory has recently backtracked - to considerable criticism - on their decision to raise the age, and other state's have openly expressed no desire to change the current age.

Criminologist Dr Suzanne Rock, who along with Natalie Gately, Piero Moraro and James L. Finney, submitted their findings to The International Journal of Human Rights, saying most participants "were shocked" when they heard children as young as 10 could be incarcerated.

The authors wrote: "Most of the participants interviewed did not know that, in most jurisdictions, the MACR is set at 10 years of age. However, our study also highlights the disbelief of most of these participants upon discovering that Australian children as young as 10 can be held criminally responsible."

"Once provided with the factsheet about the MACR more than 75 per cent of participants expressed support for lifting the age to between 12 and 18 years," Dr Rock said.

"They also advocated for rehabilitative measures, rather than punitive action, challenging the assumption that the public favours punishment of young offenders."

When confronted with the MACR in WA, one participant said, "That's crazy, I just got goosebumps," whilst another argued it was "absolutely ludicrous".

Another participant stated: "Most children at that age can't even be responsible for their schoolwork."

In early 2021, the United Nations urged Australia to raise the MACR to 14, but the federal government said it was a state issue.

The authors of the study said they found most of the participants "were appalled at Australia's unwillingness to align itself with other UN countries, where the MACR is 14 years old or more".

One participant said: "Not looking good Australia, really not looking good. I think that is quite outrageous at this point."

The treatment of children as young as 10-years-old in the criminal justice system is one of the most urgent human rights issues facing Australia today, according to Australia's National Children's Commissioner.

In submissions to the Senate inquiry into youth justice and detention systems across the country, a number of leading organisations and individuals say urgent change is needed, citing appalling conditions in youth prisons, a disregard for serious medical conditions and a lack of therapeutic benefits to locking up children.

The overwhelming majority have called for a raising of the MACR.

In her submission to the inquiry, the WA Commissioner for Children and Young People, Jacqueline McGowan-Jones, said of the MACR: "Research indicates that children under 14 lack the cognitive and neurodevelopmental capacity to make informed decisions."

The state's youth justice system has come under fire for a mistreatment of inmates - some as young as 11, staffing shortages, and a lack of rehabilitative desire.

Last month, National Indigenous Times revealed 154 issues had been raised by children with the WA ombudsman regarding the youth justice system - most of them concerning the conduct of prison staff – in the last five years.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.