New data shows First Nations children are overrepresented in NSW courts and criminal justice system.
The NSW Bureau of Crime Statistics and Research (BOCSAR) analysed court appearances by young people last year.
Roughly 8% of 10 to 13-year-olds in NSW identify as First Nations. According to BOCSAR, 41% of children under 14 who faced a NSW court in 2023 were First Nations.
BOCSAR data also shows First Nations children are disproportionately represented in youth detention.
NSW courts
The NSW criminal age of responsibility is 10. This is the age at which a child can be charged with, or prosecuted for, an alleged crime.
The latest BOCSAR report found there were 4,662 children aged 10-13 who faced legal proceedings in 2023.
Of those proceedings, 171 children were sent to youth detention.
60% of youth detainees identified as First Nations.
Offences
The most common charges faced by young people in court were property offences and robbery — such as damaging buildings and car theft.
The next most common offences were domestic violence and sexual assault.
A majority of children were able to go through “diversion’” rather than appearing in court. That can involve warnings or out-of-court interventions to avoid reoffending.
Criminal age
The new data comes amid ongoing debate about the age of criminal responsibility.
In most parts of the country, the age of criminal responsibility is 10. The ACT and Northern Territory have lifted the age to 12.
Legislation to raise the age to 12 passed the Victorian Parliament’s upper house on Thursday. It comes after Premier Jacinta Allan was criticised for walking back plans to raise it further, to 14, by 2027.
