Civil liberties advocates have expressed concerns that the review could lead to more children being imprisoned, arguing that it may not be necessary.

The initiative comes after a dramatic fivefold decrease in youth criminal conviction rates in the state, raising questions about the effectiveness of the current legal framework.

This ruling led to a substantial drop in convictions for children aged 10 to 13, from 76% in 2015-16 to just 16% in 2022-23.

There are calls for raising the criminal age of responsibility to 14 and abolishing doli incapax, particularly in light of the disproportionate representation of Aboriginal children and those in regional areas in the criminal justice system.

Under the doli incapax principle, prosecutors must prove that a child understood their actions were 'seriously wrong', a standard reinforced by a 2016 High Court ruling.

Camilla Pandolfini, CEO of Redfern Legal Centre, criticized the criminalization of young children, advocating for crime prevention and community support instead of punitive measures.

Jackie Fitzgerald, director of the NSW Bureau of Crime Statistics and Research, noted that many young offenders do not re-offend as adults, suggesting potential for rehabilitation.

The number of young people aged 10 to 13 found guilty of crimes in NSW has decreased significantly, reflecting similar trends in Victoria and South Australia.

This review will be led by former Supreme Court judge Geoffrey Bellew and retired NSW police deputy commissioner Jeffrey Loy, with findings expected in the latter half of 2025.

The New South Wales (NSW) government has announced a review of the legal principle known as 'doli incapax', which protects minors aged 10 to 14 from being held criminally responsible, in response to rising youth crime concerns.

While overall youth crime rates have stabilized, there has been a concerning rise in incidents of shoplifting and possession of illegal weapons among young people.

The review will incorporate input from various stakeholders, including victims' groups, Aboriginal organizations, and legal experts, to assess the implications of doli incapax and potential legislative reforms.