A review of arguments for raising the age of criminal responsibility

Abstract

ABSTRACT This paper explores the policy debate in Queensland on raising the minimum age of criminal responsibility (MACR). The age currently remains at 10, despite reform in other Australian jurisdictions and recommendations to the contrary in a 2018 report from a highly regarded former Police Commissioner. In 2021, a parliamentary committee reviewed a private member’s Bill on the MACR and received 74 public submissions from over 300 individuals, all supporting raising the age. Despite this, the Bill was defeated. This paper reports on a content analysis and reflexive thematic analysis of those submissions to understand (a) the views of a broad range of Queensland organisations and individuals about the MACR and (b) their rationales for supporting raising the age. We found 13 such rationales, with a particular focus on the need for more extensive, appropriate and better integrated services for vulnerable children rather than punitive criminal justice responses, and a concern for worsening impacts on First Nations young people. These findings illustrate community support for both raising the MACR and adopting more evidence-based approaches to youth justice, accompanied by improved approaches to service support. We also briefly consider the counter-arguments against raising the MACR advanced in the Committee’s report.