The proposal to raise the minimum age of criminal responsibility from 10 to 14 has raised concerns from police, who fear it could encourage serious juvenile crime and allow criminals to exploit legal loopholes.
The proposition is part of the Child Justice Bill or Bill No 4 of 2024 before parliament, which aims to align Fiji’s laws with international standards, including the UN Convention on the Rights of the Child that Fiji ratified in 1993.
At the 2024 ODPP Prosecution Annual Conference at Shangri-La on Yanuca Island, Arieta Tagivetaua from the Ministry of Women shared about the Child Justice Bill and the Child Care and Protection Bill. She highlighted that the two bills are part of efforts to change how the country handles juvenile justice and child welfare. The first bill focuses on children in trouble with the law, with an emphasis on rehabilitation, reintegration, and a justice system tailored to children. The second bill aims to improve cooperation between families, communities, and agencies to better protect and support children.
In tabling the bill earlier this year, Fiji’s Minister for Women and Children, Lynda Tabuya argued that the changes will break cycles of reoffending by addressing the root causes of juvenile crime. She told the parliament that the focus would shift from criminalisation to intervention and rehabilitation, highlighting care over incarceration to help young offenders overcome trauma and avoid further crimes.
Supporters of the reforms, including UNICEF, also advocated for a welfare-based approach. UNICEF Pacific’s Child Protection Specialist Benjamin Wildfire pointed to studies showing that children aged 10 to 13 lack the neurological maturity to fully understand the consequences of their actions.
“Children who enter the justice system at a young age face stigma and are more likely to reoffend,” Wildfire said. “Rehabilitation, mental health services, and social support are more effective than punitive measures.”
However Fiji Police voiced reservations about the proposed changes. Senior police officer ACP Mesake Waqa warned that raising the age of criminal responsibility could undermine accountability for serious offenses committed by children aged 10 to 13.
Between 2019 and 2023, Fiji recorded 4,641 juvenile crime cases. Of these, 152 involved 14-year-olds, 79 involved 13-year-olds, and 17 involved 12-year-olds. Crimes ranged from theft and burglary to sexual assault, rape, robbery, and even murder.
“Increased risk of serious offenses seeking the age of criminal responsibility will result in a lack of accountability for children ages of 10 to 13, allowing them to engage in a serious offenses without facing immediate legal consequences,” ACP Waqa said. “Any intervention is crucial for preventing the exaggeration. Research highlights the importance of appropriate framework that holds children accountable for their action, which is essential in discouraging further criminal behavior.
“The second implication would be the impact on law enforcement practice. Shifting the needs of criminal responsibility will fundamentally alter the scope of police work in relation to children of offenders. Currently, police officers are equipped to engage with children as young as 10 who commit criminal act using established protocols for interventions and rehabilitation. If the age was raised to 14 years, officers would have to recalibrate their approach entirely. These things would result in the increased in juvenile crimes as young offenders operate without fear and legal repercussions. Consequently, this could lead to increased youth in criminality and also a challenge in our crime prevention. The third impact is an impact on public safety, a crime statistics which have just highlighted above, review and allowing increase in the serious crimes involving young children, permitting children aged 10 and escape accountability poses serious risk to public safety. It may empower them to continue unlawful behavior unchecked. Evidence shows a constructive deterrent is essential to prevent ongoing criminality amongst young offenders. Our fourth implication is parental and community responsibility. Accountability in a justice system fosters greater involvement from parents and community in monitoring juvenile behavior. By raising the aids of criminal responsibility, we risk disempowering families and communities that play vital roles in learning children towards better choices and fostering positive behavior. Our last implication, although some nations have opted to increase the age of criminal responsibility, many jurisdictions settle at 10 or younger, balancing the rehabilitation and accountability effectively.
Waqa said that legislative changes must balance accountability with rehabilitation to ensure young offenders are guided toward better choices without compromising community safety.
“While the intent behind raising the age of criminal responsibility may align with international standards the potential implications for the Fiji Police force and the community safety cannot be ignored.”
A prosecutor in the audience reiterated data shared earlier by Selina Kuruleca, the former Permanent Secretary of Education and now PS of Justice, who reported over 1,000 drug-related cases involving primary school students in 2023. The prosecutor then questioned whether raising the age of criminal responsibility unintentionally creates a loophole for criminals to use children as drug mules, knowing they would avoid prosecution.
Wildfire acknowledged the risk but pointed out the need to focus on holding adult perpetrators accountable.
“Children who are being used as drug mules are children who are being exploited. So the appropriate response would be linking those children with services, removing them from the environment where they’re being exploited, and …holding the person who is using them as drug mules accountable.”
Tagivetaua underscored the need to tackle root causes. She shared insights into the profiles of children entering the justice system, many of whom come from broken or neglectful homes.
“Most of these children experience unmanaged emotions, Most of them are not heard. They come from separated parents and they encounter a lot of issues. The question that we will need to ask this. Where are the parents in, in this, in this scenario?”
PS Justice and former PS Education Selina Kuruleca also weighed in on the matter, voicing concerns about the feasibility of implementing the proposed changes questioning whether social welfare systems and diversion programs were adequately funded and ready to handle the increased responsibility. Under the Child Justice Bill, the Welfare Department is mandated to intervene and provide support offering diversion and care, rather than incarceration, to help children overcome trauma and avoid re-offending.
If enacted, the bill will replace the Juveniles Act of 1973. It proposes a rights-based, rehabilitative approach for children in conflict with the law. In addition to raising the minimum age of criminal responsibility, the bill introduces a Child Justice Court that prioritises community-based solutions over formal proceedings. It also prohibits life imprisonment and corporal punishment, while encouraging family and community involvement in rehabilitation.
The bill was one of many issues discussed on the opening day of the ODPP Conference on Shangri La today. Others include drugs, and HIV/AIDS trends over the last five years. The conference ends tomorrow.
