Here's what you get when you call for more cops and longer jail sentences
Opinion piece by Law Council President, Mr Greg McIntyre SC and Australian Medical Association President, Dr Danielle McMullen, first published in The Canberra Times, 15 October 2024.
It is not uncommon for political expediency to trump solid evidence-based policy. But it is particularly galling when this occurs at the expense of children, many of whom come from the most disadvantaged backgrounds.
A recent report card on Australia’s youth justice system found egregious breaches of human rights in the child justice system. The report highlighted the gross over-incarceration of children from First Nations peoples, and decried the preventable deaths of young people in custody.
That report, from Australia’s National Children’s Commissioner Anne Hollonds ‘Help way earlier!’ How Australia can transform child justice to improve safety and wellbeing, was formally launched at Parliament House on Thursday, 10 October 2024. It is sobering stuff.
There is overwhelming evidence that contact with the justice system in early adolescence, let alone spending time locked up, condemns a child to a lifetime of disadvantage. The ‘lucky country’ is failing our children, most of whom are already victims of life’s lottery, having experienced violence, abuse, disability, homelessness, poverty and drug or alcohol misuse.
Aboriginal and Torres Strait Islander children and vulnerable minority groups, including children with a disability, are tragically overrepresented in the youth justice system. These children have been failed not only by the justice system but by other systems — such as education, health and family support.
And rather than addressing the underlying causes of crime, which might give some of these children a real chance at a healthy productive and fulfilled life, we continue to dispense punishment.
Australia’s peak medical and legal bodies agree this national tragedy must be urgently addressed.
We need to invest in preventive and diversionary services that step in and support Australian children at risk.
According to the children who shared their stories with the Children’s Commissioner, all they want is what so many of us take for granted: “to be safe and to have a place to live. They want to participate in positive activities, and they want friends and supportive family relationships. Children want to be heard and have their views taken seriously. They want to be able to go to school and one day get a job. Children want to get extra help for themselves and their family members when it's needed.”
Evidence of the impact incarceration has on a child’s mental well-being and physical and personal development is not new; it has been raised with our governments through numerous inquiries, including two Royal Commissions, an investigation by the Productivity Commission, considerations by the Standing Council of Attorneys-General, parliamentary committee hearings, and now by the Children’s Commissioner.
As a community we are constantly misunderstanding the problem as confined to the criminal justice system alone — building more detention facilities, tougher policing, stricter bail laws, and longer sentences, all propelled by harmful media rhetoric and political grandstanding. But evidence shows this doesn’t work to keep our children or communities safe.
The ‘tough on youth crime’ stance in states and territories requires reframing to a position that is informed by human rights, focused on child health, emotional wellbeing and meaningful justice reinvestment. States and territories cannot achieve this on their own.
A first, fundamental step should be a committed, clear, accountable and coordinated joint response from all governments — such as the establishment of a national taskforce for reform of child justice systems, as recommended in the Commissioner’s report.
All levels of government must work together, including at National Cabinet, to support developmentally and culturally appropriate health, education, and rehabilitative-based alternatives to the criminal justice system for our children.
All governments must agree to raise the minimum age of criminal responsibility to 14 years of age — which refocuses attention on prevention and diversion — and work to address the disproportionately high rates of incarceration of Aboriginal and Torres Strait Islander children.
Locking children up does not make our community safer. Relying on incarceration and policing, rather than care, compassion and community-led support is like putting a band-aid on a gaping wound and wondering why it won’t stop bleeding.
Last Updated on 15/10/2024