Australia’s minimum age of criminal responsibility is 10, despite the average age of criminal responsibility globally being 14.[1] How does this age set Australia apart in the way we criminalise young offenders?

I     CURRENT OPERATION OF THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY

In Australia, the law states that children under the age of 10 are not liable for any criminal wrongdoing. From the age of 10 to 13, there is a rebuttable presumption that children are incapable of committing criminal acts. This principle is called doli incapax and it is up to the prosecution to rebut this presumption. The prosecution must prove beyond reasonable doubt that the young offender knew that their conduct was ‘seriously wrong’ and not just ‘naughty’ or ‘mischievous’.[2] Conversely, children aged 14 and above are imposed with full criminal responsibility.