THE Minns Labor Government today released the independent review of the operation of doli incapax in NSW for children under 14.

Doli incapax operates as a common law presumption in NSW and presumes children aged between 10 and 13 are not able to be held criminally responsible for their actions.

It can be rebutted if the prosecution proves beyond reasonable doubt the child knew their actions were seriously wrong as opposed to merely naughty.

The Government continues to carefully consider the recommendations of the review, including the recommendation to codify. It is important to get this right and ensure doli incapax operates in the best interests of the broader community and children.

Attorney General Michael Daley said the Government thanks the reviewers for their considered recommendations.

“This review shows the current settings are not operating in the best interests of children or the broader community,” Mr Daley said.

“We don’t want a situation where children are left without any intervention when charges are dismissed or withdrawn, only to come back before the courts because they were not supported to change their behaviour.

“We will take the time to carefully examine the report and will publicly detail a pathway to reform in due course.”

The NSW Government says it understands the community’s concerns about youth crime and launched the review in May.

The review was conducted by State Parole Authority Chair and former Supreme Court justice, Geoffrey Bellew SC, and former NSW Police Deputy Commissioner, Jeffrey Loy.

Attorney General Michael Daley, in Moree in July talking about place-based initiatives being rolled out across the Moree Plains shire.

The report finds that a small proportion of 10-13-year-olds engage in serious or persistent offending and, without the benefit of rehabilitation efforts or supervision, there is too often repeat offending.

The report makes seven recommendations, including an option for introducing a new legislative framework for enacting the presumption of doli incapax in New South Wales and giving NSW Police another tool in their kit by expanding access to diversion pathways for 10-13-year-olds.

For less serious offending, a child would become eligible for a caution or Youth Justice Conference by ‘not denying’ the offence rather than needing to ‘admit’ to the offending.

Currently, many at-risk young people receive no intervention or support at an early stage when offending is less serious.

The Government thanks Mr Bellew and Mr Loy for their important work.

The Government’s consideration of the operation of doli incapax follows a series of strong actions taken to address offending by young people, including:

Introducing and extending a strict bail test for young people accused of repeat car theft and break-and-enter offences;

Creating a new ‘post-and-boast’ offence under the Crimes Act, criminalising the filming and

disseminating of footage of certain serious offences;

More than $100 million in additional youth justice funding in the 2024-25 budget;

A $26.2 million community safety package announced last year, including additional funding for a targeted response in Moree; and NSW Police Force efforts under Operation Soteria and Operation Regional Mongoose.

The full report is available HERE.