A Northern Territory of Australia will soon allow children as young as 10 to be jailed, reversing a decision made just last year that raised the minimum age of criminal responsibility to 12. 

The Country Liberal Party government, elected in August 2024, justified the rollback as part of a mandate to curb rising youth crime rates, particularly in regions such as Alice Springs, where recent incidents led to the imposition of youth curfews. 

Chief Minister Lia Finocchiaro defended the policy, stating it was essential for protecting communities and intervening early in the lives of young offenders.

“We make no apologies for delivering on our election commitment to make the territory safe,” Mr Finocchiaro said, adding that the change would allow courts to channel young offenders into programmes aimed at addressing the root causes of their behaviours.

However, experts warned that the policy could exacerbate existing problems. 

Research, both in Australia and globally, suggested that incarcerating children increases the likelihood of reoffending and has damaging long-term impacts on their mental health, education, and future employment prospects. 

Indigenous children, who are already disproportionately represented in the NT’s justice system, are particularly vulnerable. 

Aboriginal and Torres Strait Islander children are jailed at a rate 11 times higher than non-Indigenous children, and the NT leads the nation in incarcerating minors.

The NT’s Children’s Commissioner, Shahleena Musk, voiced concerns over the racial inequities in the youth justice system. 

She called the policy “structural racism” in action, citing that Indigenous children were more likely to be charged and less likely to be cautioned compared to their non-Indigenous peers. 

“We shouldn’t be seeing these kids going into a youth justice system which is harmful, ineffective, and only compounds the very issues we’re trying to change,” Musk said.

Protests against the bill were held as the NT parliament debated the legislation, with demonstrators emphasizing the age of the children being affected. 

One protester held a sign reading, “10-year-olds still have baby teeth,” highlighting the vulnerability of these young offenders. 

Critics argue that instead of jailing children, the government should focus on addressing the social and economic conditions contributing to youth crime, such as poverty, lack of housing, and inadequate mental health support.

While the NT is moving in the opposite direction, other Australian states and territories are reconsidering their youth justice policies.

The Australian Capital Territory has already raised the age of criminal responsibility to 14, and Victoria and Tasmania are expected to follow suit in the coming years.