âAdult crime, adult timeâ: Row as Australian state locks up 10-year-olds again
âThomasâ â not his real name â was 13 years old when he began his first stint in prison.
Following the sudden death of his father, he had robbed a shop in Australiaâs Northern Territory (NT). He was detained for a week but, within a month, he was back in custody for another burglary.
Five years on, the Aboriginal teenager has spent far more of that time inside prison than out.
âItâs hard changing,â Thomas tells me. â[Breaking the law] is something that you grow up your whole life doing â itâs hard to [stop] the habit.â
His story â a revolving door of crime, arrest and release â is not an isolated one in the Northern Territory.
For many, over the years the crimes get more serious, the sentences longer and the time spent between prison spells ever briefer.
The Northern Territory is the part of Australia with the highest rate of incarceration: more than 1,100 per 100,000 people are behind bars, which is greater than five times the national average.
Itâs also more than twice the rate of the US, which is the country with the highest number of people behind bars.
But the issue of jailing children in particular has been thrust into the spotlight here, after the territoryâs new government controversially lowered the age of criminal responsibility from 12 back to 10.
The move, which defies a UN recommendation, means potentially locking up even more young people.
Itâs not just an issue of incarceration. Itâs one of inequalities too.
While around 30% of the Northern Territoryâs population is Aboriginal, almost all young people locked up here are Indigenous.
So, Aboriginal communities are by far the most affected by the new laws.
The Country Liberal Party (CLP) government says it has a mandate after campaigning to keep Territorians safe. It helped the party claim a landslide victory in Augustâs elections.
Among those voting for the CLP was Sunil Kumar.
The owner of two Indian restaurants in Darwin, heâs had five or six break-ins this past year and wants politicians to take more action.
âItâs young kids doing [it] most of the time â [they] think itâs fun,â explains Mr Kumar.
He says heâs improved his locks, put in cameras and even offered soft drinks to kids loitering outside in a bid to win them over.
âHow come they are out and parents donât know?â he says. âThere should be a punishment for the parents.â
But while the political rhetoric around crime is powerful, critics say it actually has little to do with real numbers.
Youth offender rates have risen since Covid. Last year, there was a 4% rise nationally.
But the rates are about half of what they were 15 years ago in the Northern Territory, Australian Bureau of Statistics figures show.
Politicians, though, are playing to residentsâ fears.
As well as lowering the age of criminal responsibility, they have also introduced tougher bail legislation known as Declanâs Law, after Declan Laverty, a 20-year-old who was fatally stabbed last year by someone on bail for a previous alleged assault.
âI never want another family to experience what we have,â said his mother Samara Laverty.
âThe passing of this legislation is a turning point for the Territory, which will become a safer, happier, and more peaceful place.â
â10 year olds still have baby teethâ
On the day the laws started to be debated in Darwin last month, a small crowd of demonstrators stood outside parliament in a last-ditch effort to turn the political tide.
One woman held up a placard that read: â10 year olds still have baby teethâ. Another asked: âWhat if it was your child?â
âOur young people in Don Dale need to have opportunity for hope,â said Aboriginal elder, Aunty Barb Nasir, addressing the demonstrators.
She was referring to a notorious youth detention centre just outside Darwin, where evidence of abuse â including video of a child wearing a spit hood and shackled to a chair â outraged many in Australia and led to a royal commission inquiry.
âWe need to always stand for them because they are lost in there,â Aunty Barb said.
Kat McNamara, an independent politician who opposed the bill, told the crowd: âThe idea that in order to support a 10-year-old you have to criminalise them is irrational, ineffective and morally bankrupt.â
After a ripple of applause, she added: âWe are not going to stand for it.â
But with a large majority in parliament, the CLP easily managed to pass the laws.
Lowering the age of criminal responsibility undid legislation passed just last year that had briefly lifted the threshold to 12.
And while other Australian states and territories have been under pressure to raise the age from 10 to 14, for now it is once again 10 across the country, with the exception of the Australian Capital Territory.
Australia is not alone â in England and Wales, for instance, it is also set at 10.
But in comparison, the majority of European Union members make it 14, in line with UN recommendations.
The Northern Territoryâs Chief Minister, Lia Finocchiaro, argues that by lowering the age of criminal responsibility, authorities can âintervene early and address the root causes of crimeâ.
âWe have this obligation to the child who has been let down in a number of ways, over a long period of time,â she said last month.
âAnd we have [an obligation to] the people who just want to be safe, people who donât want to live in fear any more.â
But for people like Thomas, now 18, prison didnât fix anything. His crimes just got worse, and his time inside increased.
He says he finds prison oddly comforting. Itâs not that he likes it, but with custody comes familiarity.
âMost of my family has been in and out of jail. I felt like I was at home because all the boys took care of me.â
His two younger brothers are also stuck in a similar cycle. At one point, their mother was catching a bus to visit all three in prison every week.
Thomas still wears an ankle bracelet issued by authorities but he has been out of prison for nearly three months now â his longest spell of freedom since becoming a teenager.
Heâs been helped by Brother 2 Another â an Aboriginal-led project that mentors and supports First Nations children caught up in the justice system.
âLocking these kids up is just a reactive way to go about it,â says Darren Damaso, a youth leader for Brother 2 Another.
âThere needs to be more rehabilitative support services, more funding towards Aboriginal-led programmes, because they actually understand whatâs happening for these families. And then weâre going to slowly start to see change. But if itâs just a âlock them upâ default action, itâs not going to work.â
Mr Damaso is from the Larrakia Aboriginal people, the ancestral owners of the region of Darwin, and he also has connections to the Yanuwa and Malak Malak people.
His organisation brings young people to a refashioned unit on an industrial estate on the outskirts of Darwin, providing a space to relax, a sensory room and a gym.
Brother 2 Another also works in schools and tries to help young people find work â opportunities that many whoâve been involved with police and prisons struggle to engage with.
âItâs a self-perpetuating cycle,â says John Lawrence, a Scottish criminal barrister whoâs been based in Darwin for more than three decades.
Heâs represented many young people and argues more money needs to go into schooling than the prison system, to prevent incarceration in the first place.
Aboriginal people âhave no voice, and so they suffer great injustice and harmâ, says Mr Lawrence.
âThe fact that this can happen reveals very graphically and obviously how racist this country is.â
A national debate
The tough talk on crime isnât particular to politics in the Northern Territory.
In Queenslandâs recent elections, the winning campaign by the Liberal National Party played heavily on its slogan: âAdult crime, adult time.â
In a recent report by the Australian Human Rights Commission, Anne Hollonds, the National Childrenâs Commissioner, argued that by criminalising vulnerable children â many of them First Nations children â the country is creating âone of Australiaâs most urgent human rights challengesâ.
âThe systems that are meant to help them, including health, education and social services, are not fit-for-purpose and these children are falling through the gaps,â she said.
âWe cannot police our way out of this problem, and the evidence shows that locking up children does not make the community safer.â
Which is why thereâs a growing push to fund early intervention through education, not incarceration, and trying to reduce marginalisation and disadvantage in the first place.
âWhat are the cultural strengths of people? What are the community strengths of people? We are building on that,â says Erin Reilly, a regional director for Childrenâs Ground.
Her organisation works with communities and schools on their ancestral lands, learning about foods and medicines from the bush and about the Aboriginal âkinshipâ system â how people fit in with their community and family.
âWe centre Indigenous world views and Indigenous values and we work in a way that works for Aboriginal people,â explains Ms Reilly.
âWe know that the education system and health systems donât work for our people.â
For Thomas, life on the inside was hard, involving weeks at a time spent in isolation. But on the outside, he says, thereâs little understanding of the circumstances heâs lived through.
âI felt like no one cared. Nobody wanted to listen,â he says.
He points out the bite marks on his forearms and adds: âSo, I hurt myself all the time â see the scars here?â
Additional reporting by Simon Atkinson