Raising the minimum age of criminal responsibility

On 1 August 2023, the Northern Territory Government raised the minimum age of criminal responsibility (MACR).

The MACR is the minimum age that someone can be prosecuted for committing a crime.

The Criminal Code Amendment Act 2022:

• raises the MACR from 10 to 12 years
• makes it an offence to disclose information of a criminal record or past charges for children under 12
• simplifies statutory tests for children under 14
• amends the Criminal Code Act 1983.

The video below explains how the new laws work.

Raise the MACR from 10 to 12 years

The new law means that children under 12 can't be charged or go through the criminal justice system.

Instead, children who engage in negative behaviour that would otherwise be an offence are referred to Territory Families, Housing and Communities (TFHC).

TFHC will identify the support services needed to address the issues influencing the child's negative behaviour.

The On The Right Track program delivers these intensive family support services.

Remove past charges or convictions for children under 12

Past charges or convictions will be expunged (hidden) for children under 12.

It will also be an offence to disclose information about a charge or conviction that has been removed.

Read more about criminal records for children under 12.

Simplify statutory tests

Statutory tests known as doli incapax (incapable of crime) will be simplified from 2 tests to one.

These tests determine whether a child under 14 has the mental capacity to commit an offence.

Under the new MACR, the test will only apply to children aged 12 and 13.

It will apply to offences committed:

• after 1 August 2023
• before August 2023 if the trial or hearing hasn’t yet started for that offence.

The old tests will continue to apply to offences committed before 1 August 2023 where the trial or hearing has already started for that offence.

Report a crime

You should still report all crime to NT Police, regardless of the age of the person committing the offence.

Police will still attend and intervene where required.

For example, if the child engages in behaviour likely to cause serious and imminent risk to their own safety or the public such as carrying a weapon.

Once police establish a child is under 12 years of age, they will either:

• return the child to a responsible adult - this is the preferred option
• take the child to a medical facility if urgent attention is needed
• transfer the child to a TFHC safe place if a responsible adult can't be found
  • TFHC will continue efforts to return the child to a responsible adult.

Police will then make a referral to TFHC for assessment to determine the most suitable ongoing response for the child and family.

This may include voluntary intensive family support services delivered through the On The Right Track program.

For victims of crime

The change won't affect victims' rights or entitlement for compensation. Victims can seek financial assistance under the Victims of Crime Assistance Act 2006.

More information

Read the expungement and non-disclosure fact sheet:

Expungement and non-disclosure - fact sheet PDF (142.3 KB)
Expungement and non-disclosure - fact sheet  DOCX (69.2 KB)

Get the raising the age illustrated fact sheet PDF (996.5 KB).