In a statement to InDaily, the society’s president Justin Stewart-Rattray said the organisation believed children aged 10 to 14 who commit crimes should not be imprisoned or detained.

He said the government should instead consider setting up “some form of intervention or diversion program”, which could involve placing “restrictive conditions” on children while they receive support to prevent reoffending.

It comes after InDaily yesterday reported that the Law Society’s criminal law committee had suggested that the government establish “some form of detention or deterrent or training regime” that would involve detaining children aged under 14 who commit serious crimes such as offences involving violence, serious criminal trespass or dangerous driving.

The suggestion was made in a letter sent by Stewart-Rattray to Greens MLC Robert Simms regarding his private member’s bill to raise the age at which children can be convicted of crimes and sentenced to detention.

In the letter, Stewart-Rattray said the committee noted that if the criminal age was raised, there would be “no consequence, rehabilitation or deterrent for children who offend because such children are not always adequately parented or supervised”.

He said the committee suggested it would be “useful” to have some form of detention, deterrent or training regime that would detain those children for a period of time.

“That detention would not be a sentence of detention or imprisonment in the normally understood circumstances of the Young Offenders Act 1993 (SA),” he wrote in the letter, which was passed on to all state MPs.

“Such a detention regime would have the advantage of operating as a deterrent and community protection effect, but would also permit the deploying of targeted intervention programs to assist these young people.”

In his statement issued after InDaily’s story was published, Stewart-Rattray said the society wished to clarify its position on detaining children.

“The Society supports raising the age of criminal responsibility to 14 and does not support imprisonment for children under 14, but has suggested that consideration be given to some form of intervention or diversion program that the Youth Court can order for children who have committed violent or dangerous acts that have endangered he community,” he said.

“Such programs would need be focused on providing children with the rehabilitative, educational and therapeutic support they need, in an environment that is safe from both the child’s and the community’s perspective.

“This could involve having some restrictive conditions placed on the child for the duration of the intervention/diversion program, but should not involve imprisonment or detention as is currently available under the legislation.”

Stewart-Rattray said the society had not formed a view of what would be the most appropriate way to deal with children who present a risk to the community.

He said there needed to be “extensive consultation” on what the model should be.

“Any move to raise the age of criminal responsibility should also be met with sufficient resources to support and manage at-risk children under 14, using evidence-based approaches to reduce the chances of children being caught up in criminal justice system when they are older,” he said.

Simms reintroduced the private member’s bill to parliament last month, telling InDaily at the time that it was “morally wrong” to detain children aged as young as 10.

If passed, all children aged under 14 would be released from youth detention within a month of the legislation commencing.

Campaigners earlier this month presented Attorney-General Kyam Maher with a petition with just under 12,000 signatures calling on the state government to “change the laws to raise the age, so children aged 10 to 13 years are not sent to prison”.

Maher said on Friday that Attorneys-General across Australia were considering what therapeutic programs could be put in place to support young offenders once the criminal age is lifted.

He said states and territories were yet to decide what the new minimum age of criminal responsibility should be.

“Other jurisdictions around the world have gone to 14, others have gone to 12 and then there are a whole lot of considerations about are there any offences that are carved out, the services and wrap-around services that are provided with raising the age,” he said.

In 2020-21, 43 children aged between 10 and 13 were incarcerated at the Kurlana Tapa Youth Justice Centre at Cavan in Adelaide’s north. Many of those children were Aboriginal, had disabilities, or were in the child protection system.