A review of arguments for raising the age of criminal responsibility
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McGee, Tara Renae
Leilani, Renee
Thompson, Carleen
Williams, Corrie
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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.
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Current Issues in Criminal Justice
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© 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent.
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Criminology
Law in context
Legal systems
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Ransley, J; McGee, TR; Leilani, R; Thompson, C; Williams, C, A review of arguments for raising the age of criminal responsibility, Current Issues in Criminal Justice, 2024