The NSW Government is undertaking a review of doli incapax, the legal principle that presumes children under 14 do not have the capacity to understand that their actions are seriously wrong.

Rather than strengthening protections for children, this review appears to be laying the groundwork for winding them back.

This is deeply concerning. Doli incapax is a vital safeguard that protects children from the harms of early criminalisation. We know that contact with the criminal justice system at a young age causes long-term harm - especially for First Nations children, who are already vastly overrepresented in custody.

Children under 14 who come into contact with the law are overwhelmingly the victims of trauma, neglect, disability and abuse. They need care, support and healing - not a prison cell. Locking them up causes lasting damage, disrupting development, causing mental health harm, and increasing the risk of reoffending.

The evidence is clear. Early intervention and diversion programs dramatically reduce harm and improve outcomes. But governments continue to underfund these proven approaches, while increasing punitive measures like harsh bail laws.

It’s time to stand up for young people. The Government must:

• Retain and strengthen doli incapax.
  
  
• Raise the age of criminal responsibility to 14 with no exceptions.
  
  
• Invest in evidence-based early intervention, diversion and support services that help children thrive.

We must demand a justice system that cares for children - not criminalises them.