Victoria Police Commissioner calls for further powers to detain children

Victorian Aboriginal Legal Service is opposed to the calls for new powers to arrest children as young as 10.

Mr Patton apologised for the police force's racist treatment of Aboriginal people in May, acknowledging "systemic racism, racist attitudes and discriminatory actions of police." Source: AAP / Diege Fedele

Chief Commissioner of Victoria Police, Shane Patton, has called for police to have powers to detain children aged 10 to 13 when the age of criminal responsibility is raised to 14.

In April, the state voted to raise the age of criminal responsibility to 12 in 2024, with plans to raise it further to 14 by 2027.

Mr Patton told the Herald Sun he believed his officers needed to be able to hold "children of interest in the community in certain cases".

Chief Executive Officer of the Victorian Aboriginal Legal Service (VALS), Nerita Waight, called the comments from Mr Patton "scaremongering" and disputed the high rate of offending.

"Serious offending by children under 15 is exceedingly rare," said Ms Waight. "The rate at which children commit serious offences is around one conviction per year."

The Yorta Yorta and Narrandjeri woman said VALS opposes police powers to detain children aged 10 to 13.

"This is just clear evidence that time and time again Victoria Police completely misunderstand what community safety is and how we achieve it," said Ms Waight.

Nerita Waight, CEO of the Victorian Aboriginal Legal Service. Source: AAP / JOEL CARRETT/AAPIMAGE

"Criminalising, marginalising, stigmatising and traumatising 10 to 13-year-old children does not support community safety and it's certainly not going to increase the safety and security of Aboriginal communities. From our point of view, the evidence is clear that criminal approaches to children aged under 13 simply doesn't work."

Mr Patton told the Herald Sun, "This isn't about putting kids in the cells."

"There'll be a victim of crime but the child won't be able to be held accountable at law. We're just really worried we're going to have some young kid who is driving at speed on a freeway who is involved in a multiple fatality that they've caused."

Mr Patton's comments come two months after he apologised for the police force's racist treatment of Aboriginal people at the Yoorrok Justice Commission and said he was committed to "do better".

"I know Victoria Police has caused harm in the past and unfortunately, continues to do so in the present," he told the state's first formal truth-telling inquiry in May.

Ms Waight said it was "hard to reconcile" Mr Patton's comments with what he said at the truth-telling inquiry.

"How do we build trust if we can't have faith in what you say," she said.

Ms Waight also noted that "police discretion" is "regularly exercised in a way that discriminates against Aboriginal children and young people" and she fears increased powers will only make things worse.

"These are children who need stability, support and love and somebody to give a damn," said Ms Waight.

"Instead of receiving support and care, they're subjected to widespread lockdowns, strip searching and violence, including use of force by staff against children and young people."

Ms Waight said investing in health, education and housing would be "much cheaper" and more effective in reducing offending than incarcerating children.

"Victoria spends almost 30 million [dollars] a year to keep an average of 10 Aboriginal children on remand each night," said Ms Waight.

"This is money better spent in investing in therapeutic responses that last, that put a child onto a path of positivity, and one where they can not just survive but thrive."