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National

ACT set to become the first Australian jurisdiction to raise the age of criminal responsibility to 14

The ACT government says the changes seek to help children "get back on the right track" rather than criminalise them.  (ABC News: Jane Bardon)

The ACT is set to become the first Australian state or territory to raise the age of criminal responsibility from 10 to 14 years of age.

The ACT government will introduce a bill to the Legislative Assembly on Tuesday proposing a two-stage rollout, with the minimum age of criminal responsibility to be lifted to 12 years as soon as the legislation is passed, and then to 14 by July 1, 2025.

Children as young as 10 can currently be prosecuted, convicted and sentenced to juvenile detention in every Australian jurisdiction apart from the Northern Territory. 

"This is a significant reform and recognises that young people are not considered to have a full understanding of the implications of activities that they might be involved in," ACT Attorney-General Shane Rattenbury said. 

"It seeks to help young people rather than criminalise them."

For four "exceptionally serious" offences, including murder and sexual assault in the first degree, the minimum age of criminal responsibility will be set at 12 years of age.

Attorney-General Shane Rattenbury says the government has so far committed $2 million to the transition.  (ABC News: Matt Roberts)

The Northern Territory passed legislation to raise the age of criminal responsibility to 12 in November, however the new laws are not yet operational.

Last month, Victoria announced it would raise the age to 12 next year, with further plans to increase the age to 14 by 2027.

"There has been significant community debate on this issue, and the ACT wants to move forward on this," Mr Rattenbury said.

"There [are] responsibilities under the United Nations Convention of the Rights of the Child, there is clear medical evidence, and we think that young people should be supported, not criminalised." 

Support panel to help offenders get 'back on track' 

Under the legislation, a new independent therapeutic support panel will be set up to make treatment recommendations for young offenders to address underlying issues such as trauma and abuse. 

"Whether that's drug and alcohol treatment, mental health support or other services, it's about helping young people get back on the right track, rather than directing them towards the criminal justice system," Mr Rattenbury said. 

He said the changes were being rolled out in two stages to give the government time to expand the new service response system.

A community-based sentencing option, known as a therapeutic corrections order, will also become available to the courts under broader changes to the youth justice system. 

"We actually have a similar option for adults at the moment but it's not been available for children and young people," Mr Rattenbury said.  

"It enables them to serve their sentence in the community while being subject to certain orders or certain requirements of the court." 

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