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.