Calls for 17yos to be tried in Youth Court

Calls for 17yos to be tried in Youth Court

Child and youth workers are pleading with the Government to change the way 17-year-olds are treated in our justice system.

At the moment they are dealt with alongside serious adult offenders, but experts claim that's unfair and unreasonable, and they're pushing for them to get another year's grace in the Youth Court.

When a hooded robber points a gun at your face, how old they are makes no difference to the terror you feel. But if that robber is still legally a child, then there's a huge difference to how they're punished.

Sixteen-year-olds will be dealt with by the Youth Court and spared adult prison.

"If you're 17 -- you're wearing a school uniform, full-time education -- and you commit an offence, you can end up in the District Court or you can end up in prison," says Victoria University's Dr Nessa Lynch.

With serious offending, such as murder, that punishment may be fair. But Dr Lynch and JustSpeak's Dr Katie Bruce believe in many other cases that course of action is unjust.

"I think 17-year-olds do know the difference between right and wrong, but what's really interesting is that brain science is showing now that actually your frontal cortex isn't fully developed until you're around 25," says Dr Bruce.

The doctors are part of an expert advisory panel, recommending the Government should raise the age of youth justice to include 17-year-olds and, in certain cases, 18- and 19-year-olds.

Instead of throwing them into an adult prison with hardened career criminals, they want a focus on intervention and rehabilitation.

"Young people are different and young people need a different response to recognise that they don't always fully understand the long-term consequences of their actions," says Dr Bruce.

But the Sensible Sentencing Trust is against the idea and believes it will be exploited by criminals and lead to more serious offending.

"They're going to see that as a softer option," says the trust's Jess McVicar. "They're going to go, 'Yay, I can keep committing these offences because I'm not getting any punishment for what I'm doing.'"

The proposed change is part of a complete overhaul of the Child, Youth and Family system. The Government has already agreed to lift the age a foster child can stay in state care to 18 years old, with the option to extend care to the age of 21 and the offer of further support up to 25.

The doctors say those measures are pointless unless they're backed up by a more supportive legal system, although dairy and liquor store owners Newshub has spoken to want the law to get tougher on young criminals, not softer.

Cabinet will deliver its decision next month.

Newshub.