Old enough to offend but not to buy a hamster: the argument for raising the minimum age of criminal responsibility

Abstract

The minimum age of criminal responsibility in Australia is 10 years. The topic of raising the age of criminal responsibility remains a fraught and challenging field of both study and thought. Despite overwhelming evidence to support an increase in the minimum age of criminal responsibility, there remains a resolute opposition in the majority of States in Australia that this age should be raised. However, the grounds for reconsidering the current position are indeed compelling. This paper expounds the persuasive arguments for raising the minimum age of criminal responsibility by examining the current scientific evidence and opinion. Considerations are explored and the relevant literature examined using the author’s framework that decisions should be just, scientific, not racist, humane, cost-effective and generally not ludicrous. Principles for an alternative approach to criminalisation and for managing the harmful behaviour of children are then offered.

Key words:

• adjudicative
• adolescent
• child
• competence
• criminal responsibility
• minimum age
• neurodevelopment

Acknowledgements

I wish to acknowledge Enys Delmage for so generously sharing his remarkable expertise, unparalleled knowledge and considered thoughts about the MACR with me, and Phil Le Couilliard for his unwavering fortitude and inspiring wisdom.

Ethical standards

Declaration of conflicts of interest

Yolisha Singh has declared no conflicts of interest.

Ethical approval

This article does not contain any studies with human participants or animals performed by the author.

Notes

1 Dr Enys Delmage is an adolescent forensic psychiatrist who has worked at Nga Taiohi, an adolescent forensic inpatient unit in Poriua, New Zealand, since 2017. Prior to this he worked as an adolescent forensic consultant for 8 years in the UK. He has an interest in the law as it relates to children. He has written book chapters related to adolescent forensic healthcare and has also contributed to national and international discussions related to the minimum age of criminal responsibility.