Northern Territory Faces Controversy Over Reinstatement of 10-Year-Old Criminal Responsibility Age

A 13-year-old, identified as ‘Thomas’ (a pseudonym), first entered prison after robbing a store in Australia’s Northern Territory (NT) following his father’s unexpected death. He was held for one week, but within a month, he was apprehended again for a separate burglary. Five years later, the Aboriginal teenager has spent significantly more time incarcerated than free. Thomas states, “It’s hard changing,” adding, “[Breaking the law] is something that you grow up your whole life doing – it’s hard to [stop] the habit.” His experience, characterized by a cycle of criminal activity, apprehension, and release, is common in the Northern Territory. For numerous individuals, offenses escalate in severity over time, leading to lengthier sentences and shorter periods outside of detention. The Northern Territory records Australia’s highest incarceration rate, with over 1,100 individuals per 100,000 population in custody. This figure exceeds the national average by more than five times and is more than double the rate in the United States, which has the largest incarcerated population globally. However, the practice of incarcerating children has gained particular prominence in the region following the new territorial government’s contentious decision to reduce the age of criminal responsibility from 12 years old back to 10. This policy change, which goes against a United Nations recommendation, could result in the detention of an increased number of young individuals. Beyond being solely an issue of incarceration, it also represents a matter of inequality. Although approximately 30% of the Northern Territory’s residents are Aboriginal, nearly all incarcerated young people are Indigenous, making Aboriginal communities disproportionately impacted by the recent legislation. The Country Liberal Party (CLP) government asserts it holds a mandate, having campaigned on a platform of ensuring the safety of Territorians. This contributed to the party’s overwhelming success in the August elections. Sunil Kumar, who owns two Indian restaurants in Darwin, was among those who voted for the CLP. He has experienced five or six break-ins over the last year and advocates for greater action from politicians. Mr. Kumar explains, “It’s young kids doing [it] most of the time – [they] think it’s fun.” He states that he has enhanced his security with improved locks and cameras, and has even offered soft drinks to children loitering outside in an attempt to engage with them. He questions, “How come they are out and parents don’t know?” adding, “There should be a punishment for the parents.” However, despite the strong political discourse surrounding crime, critics argue that it bears minimal relation to actual statistics. Youth offender rates have increased since the COVID-19 pandemic, with a 4% national rise recorded last year. Nevertheless, Australian Bureau of Statistics data indicates that these rates in the Northern Territory are approximately half of what they were 15 years ago. Despite this, politicians are perceived as exploiting residents’ anxieties. In addition to reducing the age of criminal responsibility, new, stricter bail legislation, named Declan’s Law, has been implemented. This law honors Declan Laverty, a 20-year-old who was fatally stabbed last year by an individual out on bail for an earlier alleged assault. His mother, Samara Laverty, stated, “I never want another family to experience what we have.” She added, “The passing of this legislation is a turning point for the Territory, which will become a safer, happier, and more peaceful place.” Last month, as the laws began to be debated in Darwin, a small group of demonstrators gathered outside parliament in a final attempt to influence the political outcome. A woman displayed a placard stating: ’10 year olds still have baby teeth’. Another demonstrator posed the question: ‘What if it was your child?’ Aboriginal elder Aunty Barb Nasir addressed the demonstrators, asserting, “Our young people in Don Dale need to have opportunity for hope.” She was referencing a well-known youth detention facility situated near Darwin, where documented instances of abuse, including video footage of a child restrained in a spit hood and shackled to a chair, provoked widespread outrage across Australia and prompted a royal commission inquiry. Aunty Barb stated, “We need to always stand for them because they are lost in there.” Kat McNamara, an independent politician who opposed the proposed legislation, informed the assembly: “The idea that in order to support a 10-year-old you have to criminalise them is irrational, ineffective and morally bankrupt.” Following a wave of applause, she further declared: “We