Treating children as adults in the justice system is deeply troubling

We are deeply concerned by the government’s proposal to impose lengthy, adult sentences on children convicted of violent crimes.

The law rightly recognises that young people have a unique capacity for rehabilitation and positive behavioural change, and that they should be given every chance to turn their lives around.

Placing 14-year-olds in front of adult courts and suggesting they could face life in prison for some offences is not only deeply troubling, it is likely to be ineffective.

'We all deserve to feel safe in our communities, which is why it’s important for the government to implement proven solutions that focus on support and rehabilitation rather than punishment alone,’ said CEO Toby Hemming.

‘We acknowledge the impact of serious offending and the significant harm it causes. The Children’s Court can and does sentence children charged with serious offending to imprisonment. While this is necessary in a small number of cases, there is no need for these cases to be heard in an adult court.’

'Every year Victoria Legal Aid represents thousands of children in the youth justice system who have experienced deep trauma, disadvantage or injustice. Some have committed violent crimes, and many have been victims of crime themselves. These children are in urgent need of support to help them build stable, positive lives and avoid reoffending, which the adult justice system is not designed to do.'

Children are not adults and should be treated differently

The Yoorrook Justice Commission found that hard and punitive responses on children and young people are likely to lead to greater future involvement in the criminal justice system. The commission also heard extensive evidence about the need for more effective and culturally appropriate support, and improved cautioning and diversion programs for First Nations children and young people.

Numerous studies show that young people who are imprisoned are more likely to reoffend than those who receive community-based support and other interventions.

‘Children are not adults and there are good reasons to treat them differently,’ said Criminal Law Executive Director Kate Bundrock.

‘This does not mean there are no consequences, but that the consequences and approach need to be appropriate for children and support their rehabilitation.’

Incarcerating young people also causes lasting damage to their physical and mental health, impedes educational and employment outcomes, and exposes them to abuse.

From our weekly visits to children and young people in youth justice centres, we see that time in custody often disconnects young people from education, family, culture and community and provides limited access to programs and mental health supports.

We recognise the importance of ensuring community safety however this proposal increases the likelihood of reoffending, which will make the community less safe in the longer term.

‘The evidence is clear that the younger a child is when they first receive a custodial sentence, the greater their chances of reoffending,’ said Kate.

‘And the more time a young person spends in jail, the more likely they are to return. Subjecting children to the adult justice system entrenches this outcome.’

Our practice experience

As part of the largest youth crime practice in Victoria, our lawyers work every day with young people in the justice system, as well as the Children’s Court and youth justice workers.

Many children we see through our daily work have experienced serious trauma and early life stresses such as abuse or neglect, mental health issues or cognitive impairment. As young people, they frequently do not have the emotional skills or developmental maturity to deal with these events in their life. This represents a crucial time to provide them with the right supports to understand the impact of their behaviour on others and develop strong connections to help them grow into contributing community members.

Through our practice, we see children and young people who have committed serious offences who mature out of their offending behaviour with the right supports and interventions. We have had clients who committed serious offences while they were young become young adults who are undertaking study and vocational training, finding employment and setting up their own businesses.

The role of the Children’s Court

Magistrates at the Children's Court are experienced in dealing with these complex considerations. They assess how to address a child's accountability for their actions and their developmental and rehabilitative needs while also ensuring the safety of the community.

These magistrates also frequently preside in the Family Division of the Children’s Court, meaning that they have a deep understanding of the child protection system and the impact of trauma, abuse and neglect on children and young people.

Currently, the Children’s Court finalises matters quickly. Moving serious offences to the County Court will mean matters take longer to resolve and victims will be required to come to court more often.

Media enquiries

For media enquiries, please contact Media, Communications and Engagement Manager Evan Schuurman at evan.schuurman@vla.vic.gov.au or on 0447 831 606.