The government is currently seeking feedback on an alternative diversion model for children under the minimum age of criminal responsibility.
The minimum age of criminal responsibility in South Australia is currently 10 years of age.
This means children under the age of 10 cannot be held criminally responsible, and cannot be charged with a criminal offence.
There have been significant evidence-based research findings in child development and neuroscience that support raising the minimum age of criminal responsibility.
About the proposed changes
The government is considering raising the minimum age of criminal responsibility (MACR) to 12. A number of other jurisdictions across the country have raised or have committed to raising the minimum age of criminal responsibility.
A new model would replace the existing criminal justice process for those children who engage in behaviour that would otherwise have been a criminal offence.
The alternative diversion model would include a three-tier response that increases in intensity depending on the child's behaviour and their needs. It would be restorative, culturally led, trauma-informed and include professional developed and led diversionary programs.
Have your say
We are currently seeking feedback on the alternative diversion model and the issues raised in our discussion paper.
Submissions can be made until Monday 25 March 2024.
Visit YourSAy to learn more and make a submission.