In addition to raising the age of criminal responsibility, African youth need more culturally sensitive support

African youth, particularly those of South Sudanese descent, are over-represented in the Victorian criminal justice system. By 2024, African youth will make up approximately 50% of young people in custody in Victoria, up from 4% in 2012.

After a 1,000-page youth justice bill was introduced into parliament in June, Victoria would become the first state in Australia to raise the age of criminal responsibility to 12 years (2024) and then to 14 years (2027).

However, Victoria’s Premier Jacinta Allan has backtracked on an earlier commitment to raise the age to 14. Victoria Police support the Premier’s decision. The government will honour its promise to raise the age of criminal responsibility to 12.

The Youth Justice Bill includes an amendment to raise the age of criminal responsibility from 10 to 12. The bill has been passed by the upper house of the Victorian parliament. It will be debated in the lower house later this month before becoming law.

The reforms include a new offence: committing a serious offence while on bail. Police have been given greater powers to revoke bail, particularly for repeat offenders.

Critics say the decision not to raise the age to 14 is politically motivated and is seen as a way for Labor to portray itself as “tough on crime” ahead of the next state election.

Raising the age of criminal responsibility will impact African Australian youth involved in the justice system. While there has been outrage over the decision not to raise the age of criminal responsibility to 14, the lack of evidence-based and culturally responsive services would expose African Australian youth to the risk of exploitation by criminals and youth gangs.

This change means there will be a greater need for culturally responsive services and supports to prevent involvement in the criminal justice system.

African youth, the justice system and challenges.

Australian studies have shown that African youth and their families experience high levels of acculturation stress. Challenges that some African youth experience after settlement include underemployment and unemployment, disrupted schooling leading to poor educational outcomes, family disconnection and neglect, juvenile delinquency, mental health problems, and alcohol and drug abuse.

The decision not to raise the age of criminal responsibility to 14 has been criticised by youth advocates, indigenous and legal groups. The state government should not have abandoned plans to raise the age to 14, but instead should have considered a delayed and revised approach.

Any change in the age of criminal responsibility will require alternative evidence-based, culturally responsive, early intervention services, which are yet to be developed. Within these services, we must ensure that vulnerable cohorts receive appropriate support.

What are the implications of raising the age limit for African-Australian youth?

Why are culturally responsive programs so important? They look at the culturally specific reasons why young people get into trouble with the law, and what can be done to prevent it.

The risk factors identified above will not disappear without the delivery of culturally responsive programs that address the factors leading to increasing over-representation in the youth courts in Victoria.

What does such a program look like?

Black Rhinos: An Example of Primary Prevention

We investigated how a culturally responsive, sport-based youth development program helped African Australian young people (8-14 years) and their families connect with services that support physical and mental health and wellbeing, and in the process, prevented young people from committing juvenile crime.

The Junior Rhinos program was designed in partnership with the African community in Melbourne’s south-east, the not-for-profit organisation Afri-Aus Care and researchers from RMIT University. The program is funded by VicHealth.

Some African youth lack prosocial role models, experience little parental supervision and limited parental support at school. We found that mentors from similar backgrounds can support youth’s ability to engage in prosocial activities and deter them from crime. These findings are evident in our impact data and are echoed by staff, teachers, mentors and students.

The research shows how important it is to involve mentors for young people between the ages of 8 and 14 to support their positive social development.

Our research shows that culturally responsive, early intervention programs that provide broad support to African-Australian young people are essential to ensure they can lead prosocial lives.

Such programs lead to greater engagement, better school results, better physical and mental health, and a reduced likelihood of antisocial behavior.