Liberty Victoria denounces, in the strongest terms, the Victorian Government’s proposal to allow children as young as 14 to be sentenced to life imprisonment for violent offences.
This proposal represents an appalling erosion of children’s rights in Victoria and stands in stark contrast to Australia’s international human rights obligations and the principles enshrined in the Victorian Charter of Human Rights and Responsibilities.
The slogan “adult time for violent crime” reduces complex social and developmental issues to a soundbite and abandons long-standing legal principles that recognise children’s need and capacity for change and rehabilitation.
The law must reflect that children are not adults
The proposal to try and sentence children as adults fundamentally misunderstands what every credible body of evidence in psychology, criminology and child development has shown: children are not yet fully formed adults. They are less mature, more impulsive. They must be supported to get back on the path to being valued members of our community.
The law already reflects the immaturity of children with various age restricted activites – voting, driving, drinking, smoking, gambling, sexual consent and access to social media. All of these restrictions are in place in recognition of the fact children do not have the capacity to make certain decisions. This proposed legislation is contrary to what these other laws accept.
Both Article 37 of the UN Convention on the Rights of the Child (CRC) — to which Australia is a party — and section 23 of the Victorian Charter require that children in the criminal justice system be treated in a manner that takes account of their age and aims to promote their rehabilitation and reintegration into society.
The Courts have long recognised this. In 2011, the Court of Appeal recognised a number of fundamental principles relating to children:[1]
- Young offenders are immature and therefore ‘more prone to ill-considered or rash decisions.’ They ‘may lack the degree of insight, judgment and self-control that is possessed by an adult.
- The Court recognise the potential for young offenders to be redeemed and rehabilitated, as young offenders are typically still in a stage of mental and emotional development and may be more open to influences designed to positively change their behaviour;
- The community’s interest is in such rehabilitation because the effective rehabilitation of a young offender protects the community from further offending, and
- Courts are cognizant that the effect of incarceration on a young offender will more likely impair, rather than improve, the prospects of successful rehabilitation. Imprisonment for any substantial period carries with it the recognised risk that anti-social tendencies may be exacerbated. That has adverse flow-on consequences for the community.
These principles have been repeatedly reaffirmed by the Courts, based on decades of experience. The law already permits for these principles to carry less weight when particularly serious criminal offences are committed. The decision as to how much weight should remain with the Courts – with their specialised experience, and not be based on attempts to gain political advantage.
Imposing adult penalties on children, including potential life imprisonment, violates these principles and risks breaching Victoria’s obligations under international law.
The impact on First Nations children
The criminalisation of young people was looked at in detail in the Yoorrook Justice Commission, Australia’s first truth-telling Royal Commission. Yoorrook heard compelling evidence of the way in which ‘tough on crime’ approaches to children have a crushing impact on First Nations children and communities. It is unacceptable for the State Government to establish and contribute to a truth-telling commission and then act against its findings and recommendations.
Punitive policies fail communities and victims alike
Liberty Victoria recognises the pain and fear that serious violent offences cause victims and communities. However, punitive approaches that strip children of hope and rehabilitation do not make our community safer.
Evidence shows that early and harsh incarceration increases the likelihood of re-offending, perpetuating cycles of trauma, violence and disadvantage.
We are only made safer by addressing the root causes of youth offending, including poverty, trauma and lack of educational opportunities.
We call for leadership grounded in rights and evidence
Liberty Victoria calls on the Victorian Government to reconsider this regressive and dangerous proposal and instead commit to solutions that actually address the causes of violent offending and make us safer.
[1] Azzopardi v The Queen [2011] VSCA 372; (2011) 25 VR 43.