Overview

• The NSW Attorney-General has commissioned a review of the doli incapax presumption, which deems children under 14 incapable of criminal responsibility unless proven otherwise.
• The review is being led by Geoffrey Bellew SC, a former Supreme Court judge, and Jeffrey Loy, a former NSW police deputy commissioner.
• Conviction rates for 10- to 13-year-olds in NSW have fallen fivefold since the High Court clarified doli incapax in 2016, with similar trends in Victoria and South Australia but not in states with codified versions of the law.
• Latest data shows more than half of youth charges in NSW are withdrawn, while shoplifting and illicit weapons offences have increased, and Aboriginal and regional children remain disproportionately affected.
• Stakeholders have called for community-focused interventions and reforms to address the root causes of youth crime rather than relying on punitive measures.