Jailing children not the answer to South Australia's youth crime crisis - expert

Dechlan Brennan
Dechlan Brennan Published February 27, 2025 at 8.30am (AWST)

South Australia's principal advocate for young people in custody has warned against the increased demonisation of children as the state grapples with an apparent youth crime crisis.

Data obtained by the state opposition from the Courts Authority under Freedom of Information shows children as young as 10 have been charged with sexual offences in the last five years, whilst several teenagers have been charged more than 100 times in the same time period.

The opposition's correctional services spokesperson Jack Batty said the South Australia's youth justice system had been "flooded with nearly 6,000 cases" last year, and argued for more stringent rules around bail arrangements, the ABC reports.

"Kids will keep committing crime if they know they can get away with it time and time again," he said.

"These kids that are getting arrested only to be let out on bail to commit more crime are making an absolute mockery of the justice system."

Mr Batty's comments mirror the views of a number of governments across the country, with the NT and NSW strengthening their bail laws in recent months.

SA's Guardian for Children and Young People and Training Centre Visitor, Shona Reid, said Mr Batty's suggestions flew in the face of evidence, and would only see more children detained and increasing the likelihood of more danger for the community in the future.

The Eastern Arrernte woman said "further criminalising" children who need help and support would fail, noting the large body of evidence linking early access to the prison system with more reoffending.

"We know that children and young people in youth justice have often experienced serious trauma and abuse in their lives," Ms Reid said.

"If they lose their way and are engaged in behaviours that makes our communities unsafe, telling children, they bear all the responsibility is a cop out."

Data from last year showed 30 children on an average day were in detention in SA - more than half Indigenous. Aboriginal young people were 17 times more likely to be incarcerated than non-Indigenous young people.

Appearing before the state parliament's budget and finance committee, Police Commissioner Grant Stevens rejected the suggestion youth crime was "worse than it has ever been" but admitted the number of young offenders repeatedly released on bail was putting pressure on the system and SA Police.

"What I would say about SAPOL resources is there is an element of frustration in dealing with people who are subject to continual release on bail, notwithstanding significant criminal offending," he said.

Ms Reid said the government was "not a passenger in this process" around the issues impacting children, urging policies based on evidence to be implemented.

She argued at the Adelaide Youth Training Centre, rehabilitation opportunities and services were not up to community standards.

"If we're going to asking the right questions about why young people are engaged in repeat offending, that's where we need to focus our attention," Ms Reid said.

"We've been doing taskforces and operations for years with little to no success in curbing the vulnerability of children or creating a safer community – why do we continue to do the same thing and think things will be any different?"

Last year, National Indigenous Times revealed Attorney-General Kyam Maher had not replied to correspondence from Ms Reid in more than five months after she authored From Those Who Know: Minimum Age of Responsibility, which "promotes and protects" the rights of children and young people detained at Kurlana Tapa Youth Justice Centre.

Ms Reid later said the SA government's response to feedback on proposed child safety legislation has been "lukewarm, at best", and at other times, "downright chilly".

Last year, the SA government was criticised by Indigenous and Human Rights groups for only "considering" raising the age of criminal responsibility to 12, despite an Advisory Commission into Incarceration Rates of Aboriginal People - set up by the government - explicitly recommending the age be raised to 14.

At the time, a spokesperson told National Indigenous Times the Labor government didn't have a policy position to raise the age, but any action taken would put community safety at the forefront.

   Related   

   Dechlan Brennan   

Download our App

@natindigtimes
Article Audio

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

National Indigenous Times

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