How can a 10 year old be sent to prison in Australia?

 

Synopsis

Currently in Australia, children as young as 10 years old can be arrested, held in police cells, taken before a magistrate and incarcerated in prison-like settings.  Most children who are incarcerated are never convicted of a crime.

The law disproportionately affects the most disadvantaged children.  Children with disability, mental health issues, and trauma are overrepresented in the justice system and are being criminalized and further traumatised for behaviours that are explained by their health and developmental profile.  Aboriginal and Torres Strait Islander children account for 65 per cent of children aged 13 years or younger in custody.

Our panel will discuss why the current minimum age of criminal responsibility is inappropriate, the health impacts for children involved in the justice system, and the importance of the voice of the medical and health community in raising the minimum age of criminal responsibility.

Speakers

Cheryl Axleby is a proud Narungga woman with family ties across South Australia.  Since 2012 Cheryl has held the position of Chief Executive Officer of the Aboriginal Legal Rights Movement Incorporated, and she is currently Co-Chair of the National Aboriginal and Torres Strait Islander Legal Services (NATSILS). Cheryl has over 25 years’ experience working within law and justice. Cheryl’s vision is for every Australian to be ‘proactive’ rather than ‘reactive’ to the issues impacting on the quality of life for Aboriginal & Torres Strait Islander peoples.

Mick Creati is a Paediatrician and Adolescent Physician. He was previously Head of Health Services in the Parkville Youth Justice Precinct.   In 2016, Mick provided evidence to the Royal Commission into the Protection and Detention of Children in the Northern Territory regarding health care of children in detention.   Mick is the Royal Australasian College of Physicians’ spokesperson on raising the minimum age of criminal responsibility.

Liana Buchanan is the Principal Commissioner for Children and Young People and a part-time Commissioner of the Victorian Law Reform Commission, and has a background in law, social justice reform and oversight. Liana commenced as Principal Commissioner for Children and Young People in April 2016. As Principal Commissioner, she is responsible for regulating organisations that work with children, overseeing services for vulnerable children and young people, and promoting the rights, interests and wellbeing of children and young people in Victoria.

Stuart Kinner is Professor and Head of the Justice Health Group at MCRI and University of Melbourne.  Stuart led the Health Theme in the recent UN Global Study on Children Deprived of Liberty.  He chairs the National Youth Justice Health Advisory Group, and the WHO Health in Prisons Programme Technical Expert Group. He is a member of the WHO Steering Group on Prisons Health.

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