Should 10-Year-Olds Be Held Criminally Responsible? A Thought-Provoking Conversation Between a Student and Bishop Charles Gauci
On August 1st, 2023, the Northern Territory made a historic decision by raising the age of criminal responsibility from 10 to 12 years old, aligning with recommendations from human rights organizations and child development experts. However, in a shocking reversal on October 17th, 2024, the government decided to lower the age back to 10, reigniting a heated debate on youth justice and the best way to handle young offenders.
A Student’s Thoughtful Inquiry
Amelia, a student from MacKillop Catholic College, sat down with Bishop Charles Gauci to discuss the implications of this decision. She posed a powerful question:
“What do you think the outcome will be for these children who are held criminally accountable, for better or for worse?”
Amelia acknowledged that children as young as 10 are highly impressionable and susceptible to negative influences. She also pointed out the potential psychological harm they might endure if placed in detention centers. However, she also recognized the rights of victims and asked, “If the legal age were to be raised again, how could we address and alleviate the concerns of the victims affected by these crimes?”
Bishop Charles Gauci’s Perspective
Bishop Gauci has been a strong advocate for raising the age of criminal responsibility, firmly believing that criminal records for children do more harm than good. In response to Amelia’s question, he emphasized that while children must be held accountable for their actions, criminalization is not the solution.
He highlighted that:
✅ Most experts and even the United Nations oppose lowering the age because in practice, it does not effectively reduce crime.
✅ Criminal records for children create long-term consequences, making rehabilitation and reintegration into society far more difficult.
✅ Diversion programs, cultural programs, and experiences in the bush should be explored as alternatives to detention.
✅ There must be accountability, but not in a way that damages a child’s future permanently.
“I was very glad when the age went up,” Bishop Gauci stated. “Because I don’t believe that giving criminal records to children is going to be helpful long-term for them or for society.”
The Bigger Picture: What’s Next?
The debate over the age of criminal responsibility is far from over. Australia remains behind many countries in this regard—the United Nations recommends 14 as the minimum age, yet the Northern Territory has set it at just 10.
Critics argue that children at this age do not fully comprehend the long-term consequences of their actions and that early criminalization increases their chances of reoffending. Instead of placing them in detention centers, they argue that supportive, rehabilitative measures should be prioritized to help young offenders turn their lives around.
At the same time, victims of youth crime deserve justice, and finding a balance between rehabilitation and accountability remains a significant challenge.