Jailbreak: It’s a crime to keep locking up our kids

Everyone’s talking about youth crime in Australia. But when we label this issue as a “youth crime epidemic” or “crime wave”, we seem largely focused on protecting the community’s interests and not at all concerned about the children at the heart of this issue.

This terminology ignores the ramifications of our current model for dealing with youth crime – putting children, as young as 10, through the justice system, denigrating them, singling them out, stereotyping them, inciting racial hatred, and punishing them.

As a criminal lawyer, I believe we should instead be focused on the true benefits of understanding our children, working with them to prevent crime, and facilitating longer-term rehabilitation.

There is not enough community awareness or education around the impacts of the justice system on young people and the causes of crime. Which is why I advocate for youths in the justice system, to be that one true voice they never had.

In actual fact, youth crime is not trending up. A recent study by Bond University found that from 2014 to 2023, in Victoria, the rate of incidents involving youth offenders has been trending downward. Data from NSW from 2011 to 2022 shows the rate of 10 to 17-year-olds being investigated and/or prosecuted by police has also reduced.

In most other states and territories, Australian Bureau of Statistics data shows that youth offending rates have trended downward over the past decade. Only the Northern Territory showed a larger increase of 13 per cent in 2020 to 2021. And the 2021-22 Queensland Crime Report showed a 13.7 per cent increase in the number of children aged 10 to 17 being proceeded against by police, compared to the previous year.

In these states, Aboriginal and Torres Strait Islander children are 17 times more likely to be involved in the justice system. In fact, 65 per cent of children currently in detention are Aboriginal and Torres Strait Islander children. Is this racially motivated?

There is a history of racial or cultural stereotyping when it comes to crime in Australia. Four to five years ago there was a focus on Australia’s Sudanese community engaging in an alleged crime spree, especially against police.

At the time of the 9/11 attacks in the United States, persons of Middle Eastern background were targeted as “terrorists” and a witch hunt ensued urging us to call out members of our Middle Eastern communities, particularly of the Muslim faith for suspected terrorism and organised crime.

And as far back as the 50s and 60s following the wave of post-war immigration, there was a focus on Greek and Italian communities, allegedly bringing a wave of crime to Australia, along with the mafia.

Launching a witch hunt against youths or treating all youths, particularly vulnerable youths, as criminals is of a similar vein. Yes, youth crimes are being committed. And it certainly is a vicious cycle, with young offenders prone to reoffend as children or adults. But why?

We need to be asking how we can break this cycle and prevent these crimes from being committed, as opposed to focusing on a reactive or punitive approach.

In Australia children as young as 10 can be found guilty of a criminal offence, prosecuted, convicted and sentenced. Some 500 children aged between 10 and 13 were imprisoned in 2020 in Australia. And 499 children were imprisoned in 2023. Globally, 14 is the minimum age for imprisonment.

As a criminal lawyer who has worked with thousands of youths, I can tell you that we need to take off the privileged lenses and accept these children are themselves victims of domestic violence and/or physical, sexual, emotional or financial abuse.

They have experienced trauma or neglect and developed destructive or maladaptive learned behaviours. They often have no or limited access to education, medical/therapeutic support, nutrition, finance, friends, mentors and simply, love.

Imprisonment has long-term and far-reaching damaging impacts on children, with no or little incentive in jail to rehabilitate. It is purely a punishment and a means of community protection.

Which all contribute to the cycle of crime. Is this really the way to treat a child and protect the community’s interests in the long term?

Every child deserves to be happy, healthy, safe, and to reach their potential. To prevent crime and create a lasting change within our communities, more support must be offered to children, including better access to mental health care, mentoring, education and employment opportunities and we need services that are compassionate, adequately resourced, and trauma informed.

Australia can do much better than prison for our children.

Original article published in the North West Star as Jailbreak: It’s a crime to keep locking up our kids

Article by Lauren Cassimatis – Principal lawyer

Meet Lauren Cassimatis

Principal Lawyer, Director & Founder | Accredited Criminal Law Specialist Lauren is one of Victoria’s leading criminal lawyers and a Law Institute of Victoria Accredited Specialist in Criminal Law.