When governments resort to ‘adult crime, adult time’ sentencing, they are shifting the blame onto children for the failure of adults to come to grips with the necessary policies and programs to tackle youth crime.

Juvenile crime is a very complex issue. It calls for a sophisticated suite of measures to reduce its incidence and to rehabilitate the perpetrators.

But too many of our leaders are focused on reactionary politics rather than the underlying problems. Whenever elections near they opt for simple punitive fixes designed to snuff out the public disquiet rather than deliver long-term safety for their communities.

This populist attitude is spreading across the country. The Queensland Government has revised its Youth Justice Act and skewed its provisions to be incompatible with human rights. The Northern Territory Government has lowered the age of criminal responsibility to children aged 10. So it was no surprise that the Victorian Government caved into media and political pressure last week when it announced its ‘ adult time for violent crime’ laws. This could see children as young as 14 sentenced to life in prison.

The irony of these measures is breathtaking.

The new laws will cover eight specific offences, including home invasion and carjacking. Five of the eight offences will be removed from the Children’s Court jurisdiction, meaning children charged with these crimes will face full trial and sentencing in the adult County Court. The maximum jail sentences will be increased to life in the event of aggravated home invasions and carjackings by young children. Bizarrely, the maximum term for adult crimes such as rape and manslaughter is 25 years. These new laws will see children sentenced for longer than adults convicted of more grievous offences.

It is difficult not to see this latest effort by the Allan Government as a sign of panic. Last week’s announcement seemed rushed. Reports indicate that very few of its ministers were aware of this policy shift.

Even more perplexing was that they chose to announce these controversial laws in the same week of the signing of Australia’s first treaty with First Nations people. It is questionable what level of effective consultation the Allan Government undertook with First Nations groups given that a significant proportion of young Indigenous children will be caught up in these harsh sentencing laws. A cynical exercise in anyone’s book.

Jesuit Social Services has worked for children and young people caught up in the criminal justice system for nearly 50 years. Serious and violent crime has a terrible impact on victims and communities, and for decades we have advocated for genuine reforms to reduce harm and keep the community safe instead of short term solutions.

The evidence is clear. Driving up the numbers of children and young people in detention only makes more people re-offend, fails to address the underlying causes of their behaviour and removes offenders from important protective influences, like family and education.

But very importantly, children are not adults. Their mental and psychological development are not on par with adults. They do not comprehend the gravity of their actions, nor the consequences of their behaviours. They need specialised, comprehensive care and supports. Early intervention and restorative justice programs that support young people to be accountable and to take responsibility to make amends for their actions is the pathway forward. The evidence shows that this will lead to lower recidivism rates than traditional justice responses.

When a society gives up and resorts to ‘adult crime, adult time’ sentencing, it effectively has shifted the blame onto children for the failure of adults to come to grips with the necessary policies and programs that can remediate the situation.

The Victorian Parole Board’s most recent annual report shows that more than 60 per cent of children in detention are victims of abuse, neglect or trauma; around half have had contact with the child protection system and close to half have experienced family violence.

These children are casualties. The recently announced changes to the bail system make the situation worse. It only delivers another system failure to these children.

Instead of doing the hard work of addressing past trauma and the causes behind the offending behaviour, the system is more likely to hold the children in remand for lengthy periods with little or no access to the services that can support rehabilitation.

Frankly, this level of disregard for the future of our children only makes it easier to promote populist and reactionary policies, particularly when the political stocks of the government are on the slide.

The ’adult time for violent crime’ laws will likely find children spending even longer in custody while matters creep their way through the court system. With the shift from the Children’s Court to the County Court, the average time for matters to make their way through the system will increase by 40 per cent. Another protracted episode where rehabilitation and education for offenders are put on hold.

This wont help them, their families or the broader community in the long run.

Imagine if our governments invested the same type of money they do in prisons - $727 million was committed in this year’s Victorian budget to prison expansion – into addressing the disadvantage and trauma experienced by so many children. Granted, this would take a concerted effort across government, but it is a serious down payment in our collective future. It is what a mature liberal or social democracy would deliver. It goes beyond rhetoric and makes real the aspirations of restorative justice.

If governments are genuinely committed to reducing crime, preventing harm and giving children the best opportunity to thrive, they need to shun the populist policies and instead heed the evidence. This may not be as headline grabbing at the ‘tough on crime’ approaches spruiked by political opportunists, but as former UK Prime Minister Tony Blair once said over 30 years ago, we must also be tough on the underlying causes of crime.

The views expressed in this article may or may not reflect those of Pearls and Irritations.