Justice Reform Initiative Media Release, 21 November 2025
The NSW Government’s announcement of new laws to weaken protections for children in criminal courts is a major backwards step that will increase the number of children in prison and increase the likelihood of future offending – leading to deterioration in community safety.
The Justice Reform Initiative has condemned the introduction of reforms that will codify doli incapax in legislation in new ways and make it easier for police to argue that children as young as 10 should be imprisoned, despite overwhelming evidence that this leads to worse outcomes for them and for the community.
Justice Reform Initiative board member Nicholas Cowdery AO KC said the move stood in direct opposition to overwhelming evidence about the development of children’s brains and in opposition to the recommendations of the government’s own recent expert review, which proposed preserving doli incapax in its current state.
“Weakening this long-held protection for children is a mistake that will drag more children deeper into the criminal justice system, making it harder for them to escape the ‘revolving door’,” said Mr Cowdery, a former NSW Director of Public Prosecutions.
“Only two weeks ago, the NSW Police Minister said we cannot arrest our way out of youth crime but now the same government is introducing new laws to increase the number of very young children in custody.
“While we applaud the government’s steps to increase access to youth diversion and to increase investment in early intervention and diversion, it is fighting against itself and letting down the community by also taking the retrograde approach of weakening doli incapax.
“Children should be accountable for their actions, but accountability must also mean reducing the risk of harm happening again. The independent review which examined incapax clearly found that supporting children early works better for the community and for them and is more cost effective than locking them up.
“NSW currently spends over $223 million per annum on imprisoning children and we know that this approach is failing. The government needs to stop dithering about its direction and focus on evidence-based action that genuinely improves community safety.”
Media contact: Amy Price, 0437 027 156
The Initiative respectfully acknowledges and supports the current and longstanding efforts of Aboriginal and Torres Strait Islander people to reduce the numbers of Indigenous people incarcerated in Australia and, importantly, the leadership role which Indigenous-led organisations continue to play on this issue. We also acknowledge the work of many other individuals and organisations seeking change, such as those focused on the rate of imprisonment for women, people with mental health issues, people with disability and others.