Independent Territory MPs warn of "irrevocable harm" caused by jailing 10-year-olds

Giovanni Torre
Giovanni Torre Published October 18, 2024 at 3.30am (AWST)

Independent NT members of parliament have warned the Country Liberal Party's "rushing through" of the Criminal Code Amendment Bill to lower the age of criminal responsibility to 10 will cause "irrevocable harm and lead to more crime, and is a step backwards for the Territory".

Mr Yingiya Guyula, the Member for Mulka, said on Thursday he was "disappointed to be a part of this Parliament that is lowering the age of criminal responsibility today".

"Today I am reminded of the history of massacres on our country where guns and force were used to kill our people. Now it is laws like this one that continue to oppress us," he said.

"This government will lock up children who are so young they don't know what they are doing yet, and these children will be scarred and traumatised for life by a government who have taken them from their country and culture.

"This will not make our communities a safer place. It will not protect our children or fix the problem of crime."

Ms Justine Davis, the Member for Johnston, said it was "a bad day for democracy in the Northern Territory".

"I was elected into this Parliament to make good laws and today I cannot do that job. I would like to apologise to my community who put me here to do this, and to the many people who will be harmed by this law," she said.

"I will continue to do everything I can to make our communities safe and to protect the most vulnerable people.

"If this law passes, we will not be the only country in the world that treats 10-year-olds as criminals, instead of children. But, to my knowledge, we will be the only country that raised the age based on evidence, did not evaluate the impact, and then chose to lower it again.

"The passing of this law takes us backwards and is a sad day for all Territorians."

The two independent MPs vowed to oppose the government's move while proposing amendments "to attempt to minimise the harm caused by this Bill".

Indigenous children are drastically over-represented in the NT's justice and detention systems.

Justice, child health and education experts have urged the Territory government not to lower the age of criminal responsibility, and rather to raise it to 14 in the interests of restorative justice and long-term community safety.

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