Locking up children is not a “circuit breaker”. It does,however,break the continuity of a child’s education,rehabilitation,and family life. It affects the mental health of the child and the development of a young person’s identity. Incarceration perpetuates the cycle of criminality and disturbs a child’s developmental and rehabilitative needs.
In 2023,31.7 per cent of children in the Children’s Court were either acquitted or had their matters withdrawn or not proven,according to the NSW Bureau of Crime Statistics and Research. Under the proposed laws,some of these children could spend weeks or months on remand in a detention centre waiting for their cases to be heard,before that withdrawal or acquittal occurred. During that time,criminal associations may be normalised.
Incarceration is also extremely expensive. It costs approximately$2000 each day to keep a child in custody. The non-quantifiable costs are far more grave:the lost opportunity,lost education,and the likelihood of further incarceration. The funds directed at imprisonment would be better directed at improving education,supporting families,and expanding diversionary programs.
Education,support,and diversion will take moral imagination,time and commitment. Rushed responses to complex social issues risk entrenching the underlying problems.
Dr Ruth Higgins SC is president of the New South Wales Bar Association.