ACT Raises Age of Criminal Responsibility to 14

What was at stake

First Australian jurisdiction to raise minimum age to 14 (July 2025). Evidence from health, neuroscience, and human rights.

What happened

In July 2025 the ACT Legislative Assembly passed legislation raising the minimum age of criminal responsibility from 10 to 14, meaning children aged 10‑13 can no longer be arrested, charged or prosecuted in the ACT. The change was triggered by advocacy from health professionals, neuroscientists and children’s rights groups, who presented evidence that adolescent brain development precludes meaningful criminal culpability before age 14. The law provides for therapeutic and restorative justice pathways and establishes Aboriginal‑specific support programs to address the over‑representation of Indigenous children in the criminal justice system.

What the court decided

Children 10-13 no longer subject to criminal law. Therapeutic and restorative justice pathways. Aboriginal-specific support programs.

How the court got there

The Assembly relied on scientific evidence showing that prefrontal cortex development continues into the mid‑teens, making it impossible for children under 14 to form the requisite mens rea for criminal offences. It also cited Australia’s international obligations under the UN Convention on the Rights of the Child, which require that the best interests of the child be a primary consideration and that children be dealt with in a manner appropriate to their wellbeing. The policy shift was justified as a step toward a more humane, evidence‑based justice system that reduces recidivism and addresses systemic racial disproportionality.

Statutes and cases cited

Categories