A transformative review of New South Wales' justice system has delivered a powerful conclusion: children under the age of 14 are developmentally incapable of evil and should be entirely shielded from criminal responsibility.
The Case for Protection Over Punishment
The comprehensive examination, led by legal experts and child development specialists, argues that the state's current approach fails to recognise the fundamental neurological and moral limitations of young children. The report states that criminalising children under 14 contradicts established scientific understanding of childhood development.
"The evidence is clear and overwhelming," the review asserts. "Children in this age group lack the cognitive maturity to understand the full consequences of their actions or to form criminal intent in the way the law currently presumes."
What the Proposed Reforms Would Change
The recommendations would represent the most significant overhaul of youth justice in NSW in decades:
- Raising the minimum age of criminal responsibility from 10 to 14 years
- Diverting children under 14 from the criminal justice system entirely
- Implementing trauma-informed care and support systems instead of punishment
- Focusing on family support and community-based interventions
Addressing Serious Offences Differently
For children who commit serious acts, the review proposes alternative pathways that focus on accountability without criminalisation. This would involve intensive therapeutic interventions, family support programs, and restorative justice approaches that address the root causes of behaviour while keeping communities safe.
"When a child under 14 causes harm, it's typically a cry for help rather than calculated criminality," the report notes. "Our response should reflect this reality through support and rehabilitation, not punishment that can cause lifelong damage."
National Implications and Next Steps
While the review specifically addresses NSW law, its findings have significant implications for the national debate about youth justice. Several states are considering similar reforms, with human rights organisations and legal bodies consistently advocating for raising the age of criminal responsibility across Australia.
The NSW government is now considering the recommendations, with advocates urging swift implementation to align the justice system with modern understanding of child development and human rights standards.
