Doli incapax reforms are welcome, but Minns still refusing to fix youth justice crisis
The Minns Labor Government has announced that it will legislate the existing doli incapax presumption, introduce new mandatory considerations for courts, and expand access to diversionary options for some children. The package follows an independent review commissioned earlier this year.
Greens MP and spokesperson for Justice, Sue Higginson, has welcomed the NSW Government’s long-overdue decision to legislate the doli incapax test, but says today’s announcement fails to address the evidence and fails to deliver the urgent change needed to keep children and communities safe.
Greens MP and Justice Spokesperson Sue Higginson said:
“Legislating the existing doli incapax presumption is welcome, but the Minns Labor Government has once again stopped short of the single reform that all experts, First Nations leaders and the United Nations have been demanding for decades. We must raise the age of criminal responsibility to 14. Anything less leaves NSW trapped in a cycle of political panic and child harm,”
“The Government is telling the public these changes will keep communities safe, but the evidence shows the opposite. Children aged 10 to 13 do not have the cognitive capacity to understand criminal intent and early contact with the criminal legal system dramatically increases the likelihood of future offending. The review the Government commissioned confirmed this, yet the Government continues to ignore it,”
“The Attorney General and Premier are trying to present today’s announcement as a bold move, but codifying an existing common law presumption does not address the real crisis. What we needed was a commitment to keep children out of prisons, invest in community-led supports and finally stop criminalising the youngest and most vulnerable,”
“First Nations children are already massively overrepresented in the youth justice system and they will continue to be harmed by a Government that refuses to listen to Aboriginal peak bodies calling for an Aboriginal led response. We cannot keep repeating the mistakes that experts and communities have been warning about for decades,”
“The limited diversion reforms are only a partial fix. Children should not need to navigate criminal charges to access support. The Government has missed the opportunity to shift to a true public health model that prevents offending rather than punishing it,”
“NSW cannot claim to be serious about youth crime while it locks up ten year olds. The evidence is clear. Raising the age keeps communities safer. It keeps children safer. It is consistent with international law. The Government’s refusal to act on the full issue is a failure of leadership and a failure of courage,” Ms Higginson said.