Thursday 26 June 2025 – for immediate release
New research released today by the Sentencing Advisory Council adds significant weight to calls for young children who encounter the legal system to be treated differently with age-appropriate responses.
Sentencing younger children’s offending in Victoria shows the 10–13 age group made up a tiny fraction of people who received sentences over a ten-year period, who overwhelmingly engaged in lower-level offending such as theft and property damage.
The research strengthens the case for developmentally appropriate, alternative approaches, rather than punitive system responses that entrench children in the legal system and increase their chances for more frequent and serious offending in the future.
‘For such a small group of children, and for such low-level offending, there is no reason why we should not see age-appropriate responses that reflect the unique vulnerability of this group. We need responses tailored to their specific needs, and, in Victoria, we’re just not doing that nearly as much as we should be,’ said Meena Singh, Victoria’s Acting Principal Commissioner for Children and Young People, today.
‘We know from our work and broader research that these children have usually experienced significant adversity and trauma in their lives, so we need to address the root causes of what’s going on – instead of putting them through the legal system that can take months or even years to get to an outcome, as this research also shows,’ Commissioner Singh said.
‘Children in this age group need a viable path away from the criminal legal system, rather than entrenching them further, which ultimately is more damaging for themselves, and the community. Engagement with education, connection with supports for mental health, drug and alcohol and other needs, as well as a safe, supported home and community life, are essential for keeping children away from the criminal legal system,’ Commissioner Singh said.
Commissioner Singh said the new research supports the move to raising of the age of criminal responsibility from 10 to 12 in September. She said it also showed the critical need to keep looking at how we respond to children aged 12 and 13 when they make mistakes.
The Commission has long advocated for raising the age of criminal responsibility to 14, in line with evidence and international consensus. This includes a recommendation in our 2021 Our youth, our way inquiry which found Victoria’s low minimum age of criminal responsibility disproportionately harms Aboriginal children.
Commissioner Singh noted the continuing stark over-representation of Aboriginal children currently criminalised by the legal system, in addition to children from regional areas also identified in the new research.
‘As we’ve said before, raising the minimum age of criminal responsibility in Victoria to 14 years would facilitate a vital systemic shift from criminalisation to community-based social service responses for children under the age of 14.
‘The positive impacts of such a shift for Aboriginal children and their families, Aboriginal communities and society as a whole would be profound and enduring,’ Commissioner Singh said.
The Commission will build on insights from the Sentencing Advisory Council in its own current inquiry, which will present the results of direct engagement with children who have experienced Victoria’s legal system when they were 10–13 years old.
The criminal justice system inquiry will elevate the voices and experiences of children – too often including years of trauma – that have led to justice involvement, as well as the steps that could have made a difference, and could still make a difference for children now and in the future.
‘With harsh bail laws, backtracking on a commitment to raise the age of criminal responsibility to 14, and the actual celebration of a doubling of children on remand, Victoria is at a disturbing crossroads in its approach to youth justice. Instead, by following the evidence of what works, Victoria has an opportunity to build a better future for children and a safer community for everyone,’ Commissioner Singh concluded.
Sentencing younger children’s offending in Victoria is available on the Sentencing Council of Victoria website.
For interview
Meena Singh
Acting Principal Commissioner for Children and Young People
Media contact
Darren Lewin-Hill
0437 046 360