By Aaron H. L. Wong

In 2021, China amended its law on the minimum age of criminal responsibility (MACR), lowering the MACRof two specified offences to twelve years. As a result,China now has three different levels of MACR for dif-ferent offences. Based on the position in China, thisarticle argues that while lowering the MACR against the international trend can be justified as a necessary measure to tackle serious crimes committed by chil-dren, creating different levels of MACR based on the types of crime is wrong in principle. This article fur-ther considers the classic dilemma in setting an absoluteMACR, which results in either freeing the guilty or convicting the innocent. It is argued that setting a relatively low MACR accompanied by robust safeguards of doli incapax, child immaturity defence, diversion and wider sentencing options would allow a better assessment of children'sculpabilityandbetterservetheinterestsofjus-tice. It is also suggested that lowering the MACR will not unjustifiably undermine children’s rights if the juvenile justice system could ensure only those truly culpable could be convicted and that the option of prosecution is reserved as a last resort.

Howard Journal of Crime & Justice, Pages: 3-21 | First Published: 2024

By Save the Children - Australia

At its best, the youth justice system has the potential to turn around lives, be responsive to the needs of children and young people, provide the supports they need to thrive, and thereby keep communities safer. In recent years, numerous reports and inquiries across Australia and internationally have detailed the negative impacts that contact with the justice system can have on children and young people. This is particularly the case for Aboriginal and Torres Strait Islander children and young people, who are overrepresented across all youth justice systems in Australia and are detained in youth detention facilities at unacceptably high rates. Despite some recent gains and efforts in certain jurisdictions to better utilise prevention and early intervention across the system and support culturally safe practices, youth justice systems in Australia persistently violate child rights. Our youth justice systems are also often not fit-for-purpose to support the needs of children and young people and divert them out of the system for good. Punitive and incarceration-focused policies and practices directly undermine the key outcomes that governments are seeking to achieve through these policies, including to reduce recidivism and improve community safety. This report comes at a time when there has been significant youth justice reform across a number of states and territories in Australia, and a strengthened political imperative at the national level to raise the age of criminal responsibility and ameliorate the ongoing legacy of racial injustice. Right now, more than ever, there is also a heightened public consciousness that demands a new and better approach to youth justice. The report aims to highlight why child rights are important, how these rights are relevant across youth justice systems, where child rights are being undermined in youth justice today and where the greatest opportunities are for reform.

Save the Children - Australia: 2023. 109p.

By Juanjo Medina, Andreas Cebulla, Andy Ross, Jon Shute, and Judith Aldridge

Youth gangs have received widespread political and media attention in the last decade. Gang membership has been linked to violent crime among young people, particularly in cases of gun and knife crime. More recently, this focus on gang membership among young people has been amplified by the rioting in some UK cities in summer 2011. Based on the suspected link between gangs and violent crime, government and different agencies have begun to develop policy responses to gangs. In November 2011, the government published its cross-government strategy to combat gang and youth violence. Alongside this, police forces and local authorities are drawing on US models to tackle gangs, including the formation of dedicated units and multi-agency teams. This study aims to enhance the evidence base for the developing policy context. We have used data from the Offending, Crime and Justice Survey (OCJS) to explore the circumstances that lead to young people joining, remaining, and leaving gangs in England and Wales. The OCJS provides the best nationally representative data available on young people’s victimisation and offending in the UK. Our findings, which are discussed in more detail in this briefing paper, are that gang membership increases the chances of offending, antisocial behaviour, and drug use among young people. This finding vindicates the current policy approach of treating gang membership as a distinct part of crime prevention and youth policy.

Manchester, UK: Centre for Criminology and Criminal Justice at the University of Manchester and NatCen Social Research,, 2013? 13p.

By Kara Apland, Hannah Lawrence, Jeff Mesie and Elizabeth Yarrow

This paper reports the findings from an evidence review ofthe views, perspectives and experiences of children in involved in gangs, on matters related to their subjective wellbeing. The report forms part of a series of studies examining the subjective wellbeing of vulnerable groups of children in England. This series was produced as part of a larger project focused on improving evidence about childhood vulnerability. Objectives of the review The main objectives of the review were:  to identify, appraise and synthesize published qualitative evidence on the subjective wellbeing of children in detention in England  to draw out key findings and conclusions from the evidence, as well as identifying any important gaps.

London: Children’s Commissioner for England, 2017. 39p.