As part of the reforms, the government will also codify and strengthen existing legal presumption known as doli incapax, which states children under 14 cannot be held criminally responsible unless they know their actions were seriously wrong.
This is to better understand doli incapax and ensure its applied consistently in the courts.
The reforms come after medical evidence show young children are at a critical state of cognitive development and may be incapable of understanding their behaviour is very wrong.
Evidence also reveals the younger a child is when they are first sentenced, the more likely they are to re-offend, and doing so violently, as adults.
Attorney-General Jaclyn Symes said the reform has been carefully considered to ensure “fewer children are entering the criminal justice system and ensuring the safety of all Victorians.”
“When very young children engage in harmful behaviour, we know that something has gone terribly wrong in their life,” she said.
“We need to respond effectively and compassionately whilst still making sure they’re accountable for their actions.”
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