Raise the Age to Protect Children’s Health

Did you know that children as young as 10 can be sent to prison in New South Wales?

Like most people, you probably think that is too young.

According to data collated by Raise the Age NSW, 2,144 NSW children aged 10–13 had formal contact with police in 2023. 171 kids spent time in lock up, almost all of whom were on remand. That means they have not even been sentenced for a crime. What’s more, 60% of the 10–13-year-olds in custody every year are First Nations children even though just 8% of the NSW population of children aged 10–14 are Aboriginal.

Having contact with the criminal justice system – police, courts, and custody – increases the likelihood of ongoing contact with that system. Far from keeping the community safe, locking up children actually increases youth crime. It makes it more likely that children will be caught up in cycles of crime because the younger a child has contact with the criminal justice system, the more likely they are to reoffend and be imprisoned as an adolescent and as an adult.

The children who end up in custody are among the most vulnerable children in our community. 90% have already been reported to child protection as at significant risk of harm, 25% have been in out-of-home care, and 40% had spent time in homelessness services. 70% of these children had themselves been reported as victims of crime. 75% had parents who had themselves appeared in court, more than 40% of those parents were in custody.

These children often have mental health issues (60%) or an intellectual disability or acquired brain injury (11%). They rarely have access appropriate mental health and disability support services.

We recently endorsed a submission by Raise the Age NSW to the Select Committee Inquiry into Youth Justice recommending to the NSW Government:

1. That the age of criminal responsibility should be raised to 14 years without exception.
2. That the NSW Government should work with experts and community organisations who support children, families and communities – particularly the NSW Coalition of Aboriginal Peak Organisations – to design and deliver a human services system response that prioritises holistic, community-led early support and therapeutic pathways for children as an alternative to criminalisation.

Raise the Age NSW is a coalition of more than 130 organisations and groups working in communities across NSW. Healthy Cities Australia is proud to be part of the partner network for the Raise the Age NSW campaign. If you would like to lend your voice in support of the campaign, visit the national Raise the Age campaign website here to sign the petition to raise the age and keep kids out of prison.

Healthy Cities Australia supports a preventive approach to health. Criminalising children exposes them to significant harm and has long-term effects on their health and development. Raising the age will produce better outcomes for children and the community. Keeping them out of the criminal justice system is an investment in their future health and wellbeing.

Children belong in classrooms and playgrounds, not in handcuffs, courtrooms and prison yards.