NEW YOUTH BILL TO WEAKEN YOUTH LAWS.
To say the CAA has deep concerns about this Bill and the adverse impact it will have on raising youth crime in this state is a gross understatement.
What is generally not well understood is that this Bill is ‘the foot in the door’ for further introducing the concept of ‘Restorative Justice’, a monumental change in how Justice is dispensed in this State.
A plan that promotes ideology over pragmatism.
Significant changes included in this Bill include the plethora of conferences and committees required to manage each offender instead of the concept of punishment and accountability, which has been whitewashed out of this Bill.
Preventing young people from committing crimes in the first place is not even mentioned.
Effectively, a child can take a position where they will not comply with any processes available to the Courts or any other authorities under this Bill, and nothing can be done about it. No punishment can be applied, regardless of the child’s actions.
We suspect that the majority of the community and many politicians do not understand the consequences of this Bill, and none of them are good.
Why wasn’t the community advised of this change? We are unaware of where the Government of the day achieved a mandate for such a severe and monumental change to the principles of Justice.
It took five years to draft, underscoring the difficulty and, given the outcome, incompetence displayed in the principles that have evolved to form this Bill.
This Bill will continue to stoke crime, not diminish it.
‘A committee was formed to design a Horse ( the Bill to Reform Youth Justice), but they came up with a camel ( no ordinary Camel but a two-humped Bactrian Camel with three legs).’
With all the effort of five years, the Bill as presented does not address the issue the community now faces and is riddled with extreme socialist ideology and drafted by a committee that has no understanding of the people they are supposed to be protecting. It will feed the crime wave.
The Bill misses the mark by a long way.
Central to the flaw in this Bill is the assumption that children under thirteen (13) cannot form criminal intent.
This assumption isn’t based on any empirical data and flies in the face of the reality of the evolution of human development.
Over the last two decades, the development of young people has accelerated faster than any other preceding era.
The speed at which this has occurred is most evident in the last ten years when evolution achieved warp speed, driven by two significant factors: Nutrition and Technology.
The ‘canary in the coal mine’, the juvenile crime surge, generally ignored, has seen the accelerated crime rate by Juveniles and the failure to recognise the changes that were occurring in front of us all.
Nutrition
The impact of a higher level of nutrition in recent times must be seen as positive as young people will probably grow up healthier than their predecessors, but with that nutrition comes increased physical development. It’s not an issue until you realise that young people, on average, are taller and better developed physically than their predecessors. A phenomenon that immature minds can and do exploit.
Technology
Technology continues to accelerate at warp speed, and young people born in this era are the ones who maximise its use. They are more connected and have access to more data than previous generations ever dreamed of. This massive influx of good and bad information has developed young people’s mental acuity well beyond the perceived norm. This has happened without comparative life skills development.
They, therefore, lack the ability and maturity to process and analyse this physical development effectively, leading them to emulate others without understanding the consequences or ignoring the consequences because there are none.
Impact
Today, a 10 – 12-year-old is the equivalent of a 13–15-year-old ten years ago.
The Bill is headed in the wrong direction and should instead be lowering the age of criminal responsibility, not lifting it, particularly when the child understands what they did was criminal.
Lifting the age of criminal intent to 12 years before children can be charged with a crime, irrespective of their development, is a recipe for increased crime. Waiting until they are older before any legal intervention can occur entrenches the child further into crime, making efforts to rehabilitate them from crime much more difficult.
Early intervention will reduce crime and improve the chances of young people developing without the stigma of exposure to Legal processes.
Why do we have to wait until a young person is climbing the hierarchy of crime before any action is taken?