“Cruel and severe” youth law reforms will make Victorians less safe, experts warn

Victorian children as young as 14 could face adult jail sentences under proposed Allan government reforms, prompting warnings from legal experts and youth advocates about profound social and legal consequences.

❓ What happened? The reforms, announced last week, would see children charged with violent crimes such as aggravated home invasion, armed robbery or carjacking tried in the adult County Court instead of the Children’s Court. 

• Maximum sentences in the County Court could reach 25 years, compared with three years under current youth justice provisions. 

• Corrections Minister Enver Erdogan said offenders would begin in youth detention before transferring to adult prisons at 18.

⚖️ The wrong move? Barwon Community Legal Service (BCLS) CEO Bryanna Connell told the Brolga the “cruel and severe” reforms would only serve to “decrease community safety” and would not have the outcomes the government is intending.

“We understand the fear and concern in the community about violent crime - those feelings are real and must be addressed. But increasing sentences for children is not the answer.”

🏚️ Disadvantaged kids at risk: She said the changes would disproportionately affect vulnerable young people in western Victoria, including Aboriginal children, those in out-of-home care, children with disabilities and those who have experienced violence or neglect.

“From our experience… it would be deeply traumatic for a child to face a potential lengthy sentence in prison, including a life sentence,” Connell said. 

She said the County Court was not equipped to manage children charged with criminal offences, leaving young defendants isolated and without crucial support.

🧑‍⚖️ Unrepresented: While BCLS does not provide criminal representation, its programs - Legal Link Up and Law for Life Skills - aim to prevent youth criminalisation, school disengagement and homelessness by offering early legal help and civil law assistance. 

Connell said current bail reforms and limited diversion options have already left many young people unrepresented until court, missing opportunities for charges to be withdrawn, diversion programs to be accessed and bail applications to be supported.

⛔️ Not likely to deter: Experts said harsh sentencing is unlikely to reduce crime. 

Associate Professor Dr Marietta Martinovic of RMIT University told the Brolga’s sister publication the Gippsland Monitor incarcerating traumatised children for 25 years would produce reoffenders. 

“Australian prisons further detach young people from prosocial values … it’s just preposterous,” she said. 

A 14-year-old receiving a maximum sentence will eventually be released at 36-39 years old. 

“After spending their formative years in prison without family support, they will likely emerge hardened, disconnected from community and lacking education or employment pathways,” Connell said.

Dr Kathryn Daley, also of RMIT, said the laws erode children’s rights, noting they are “not old enough to vote or be on a jury, yet they can be tried as an adult”.

🛣️ Other ways: BCLS and its sector colleagues argue Victoria should invest in early intervention, mental health support and community-led programs rather than punitive sentencing.  

Connell said early, free, high quality legal advice for young people at the first point of legal contact would be essential if reforms are implemented.

She added the government should invest in wraparound supports to reduce harm and promote rehabilitation to improve public safety.

“The fear and concern in the community about violent crime … are real,” she said. “But increasing sentences for children is not the answer.”