Local legal support centre “disappointed” with proposed harsher penalties for children

A local not-for-profit legal support centre has joined an industry-wide call for the State Government to abandon proposed reforms that would see children as young as 14 face sentences designed for adult offenders.

What happened: Last week, Victorian premier Jacinta Allan announced changes to the way the state will prosecute violent crimes committed by children aged over 14.

Under the proposed reforms, children 14 and older who are charged with the following crimes will face trial in the adult County Court instead of the Children’s Court:

• Aggravated home invasion;

• Home invasion;

• Intentionally causing injury in circumstances of gross violence (includes machete crime);

• Recklessly causing injury in circumstances of gross violence (includes machete crime);

• Aggravated carjacking;

• Carjacking;

• Aggravated burglary (serious and repeated), and;

• Armed robbery (serious and repeated).

🗓️Longer and harsher: The maximum jail sentence that can be imposed in the Children's Court for any offence is three years.

• The County Court, however, can impose jail sentences of up to 25 years for violent crimes such as aggravated home invasion.

Local reaction: First established in 1974, the Eastern Community Legal Centre (ECLC) is a community-based not-for-profit legal support centre with offices in Box Hill, Boronia and Healesville.

Chief executive Michael Smith said he and his team were “disappointed” by the proposed changes, arguing they will “fail to address the root causes of offending and perpetuate cycles of harm”, including unstable family situations, serious family violence and poverty.

♥️Early help: Smith said he hoped the government would consider providing more investment towards community-based support, including within local schools, community groups and sporting clubs.

• 🗣️“When young people engage with some sort of criminal activity, it is actually an opportunity to intervene and actually help them turn their lives around and make things better,” said Smith.

😰Pressure already critical: Smith said the community legal sector is under “huge stress and pressure” to cope with demand and many services like ECLC have no capacity to expand.

🧑‍🎓What do experts think? Associate Professor in Criminology and Justice Studies at RMIT University, Dr Marietta Martinovic, told the Gippsland Monitor the proposed laws are “inhumane” and “morally and ethically wrong”.

• Martinovic said expecting the legislation to create law-abiding citizens is “preposterous”.

• 🗣️“We know that a lot of people captured by the youth justice system have suffered from trauma,” said Martinovic. “They’ve experienced domestic or family violence. They're normally victims themselves of various criminal activities.”

😵‍💫A downward spiral: Assistant Associate Dean of Social Science Research and Policy Studies at RMIT University, Dr Kathryn Daley, told the Gippsland Monitor the changes will present “a slippery slope” towards the erosion of the rights of children in Victoria.

• 🗣️“We’re seeing this encroachment across multiple jurisdictions where young people's rights are being eroded,” said Daley. “They're not old enough to be on the jury, they’re not old enough to vote, yet they can be tried as an adult and receive an adult sentence.

📚Adding to the workload: The Federation of Community Legal Centres has also criticised the announcement, saying in a statement the reforms “will fall disproportionately on Aboriginal children, children in out-of-home care, and children with disability - groups already overrepresented in the justice system due to systemic discrimination, disadvantage and unmet support needs”.