When a Minor Is Charged: How Youth Crime Is Handled in Australia
Youth crime is a sensitive and complex issue in Australia. When a child or teenager is charged with a criminal offence, the law treats the matter differently from cases involving adults. This is because the justice system recognises that young people are still developing, both emotionally and socially, and deserve opportunities for rehabilitation.
This article explores how Criminal Law addresses youth crime in Australia, the processes involved when a minor is charged, and the support available to both young people and their families.
The Age of Criminal Responsibility in Australia
The starting point for understanding youth crime is the age of criminal responsibility. In Australia, a child under the age of 10 cannot be charged with a crime. Between the ages of 10 and 14, a child may be charged, but the prosecution must prove that the child knew their actions were seriously wrong and not just mischievous — this is known as the principle of doli incapax.
Once a child turns 14, they are presumed capable of criminal responsibility. From that point, they can face charges in the Children’s Court, a specialist court designed to deal with matters involving minors.
The Children’s Court of Australia
The Children’s Court plays a central role in managing youth crime cases. Unlike adult courts, its focus is less on punishment and more on rehabilitation and reintegration. The court deals with a wide range of offences committed by minors, from property damage and theft to more serious crimes.
Some key features of the Children’s Court include:
Privacy protections: Hearings are generally closed to the public to protect the minor’s identity.
Specialist judges and magistrates: Trained in youth justice and child development.
Support services: Access to counselling, education programs, and rehabilitation pathways.
Children’s Court of NSW provides further guidance on how cases involving minors are handled in practice.
What Happens When a Minor Is Charged?
When a minor is charged, several steps take place under Criminal Law procedures:
Arrest or police caution - Depending on the seriousness of the offence, a young person may be arrested, interviewed, or formally cautioned by police.
Bail or detention - If charged, the court considers whether the child can be released on bail or should be held in custody.
Court proceedings - The case is heard in the Children’s Court, where the focus is on assessing both the offence and the child’s personal circumstances.
Sentencing outcomes - Possible outcomes include dismissal, good behaviour bonds, fines, community service, probation, or in serious cases, detention in a youth justice centre.
Sentencing Principles for Youth Offenders
Unlike adult sentencing, the guiding principles for minors under Criminal Law focus on:
Rehabilitation and reintegration into society
Avoiding unnecessary detention
Considering the child’s age, maturity, and family circumstances
Encouraging accountability while supporting development
Detention is treated as a last resort, used only when other alternatives are not appropriate. Courts often encourage participation in youth justice programs, education, and community service to help prevent reoffending.
Rehabilitation and Support Services
A critical part of youth justice in Australia is the availability of rehabilitation programs. These services aim to steer young people away from crime and give them the tools to build a positive future.
Support options may include:
Counselling and mental health support
Drug and alcohol rehabilitation
Educational and vocational programs
Community service programs
According to the Australian Institute of Criminology, early intervention and targeted rehabilitation significantly reduce the likelihood of reoffending among young people.
The Role of Families and Legal Support
When a minor is charged, their family plays a vital role in supporting them through the process. Parents or guardians are usually required to attend court hearings, and their involvement is encouraged in any rehabilitation or intervention programs.
It is also essential that minors receive proper legal representation. A solicitor specialising in Criminal Law can ensure the young person’s rights are protected, explain the court process in simple terms, and advocate for outcomes that prioritise rehabilitation over punishment.
Challenges in Youth Justice
While the system is designed to balance accountability with compassion, there are ongoing challenges in managing youth crime in Australia. These include:
Overrepresentation of Aboriginal and Torres Strait Islander youth in the criminal justice system.
The debate about raising the age of criminal responsibility from 10 to 14.
Ensuring access to adequate rehabilitation programs in all regions, especially rural and remote areas.
The Australian Law Reform Commission has published detailed reviews on children’s rights in the legal process, highlighting areas where reform is needed.
Youth crime cases require sensitivity, expertise, and a strong understanding of the unique challenges minors face. The Criminal Law framework in Australia is designed to balance accountability with opportunities for rehabilitation, aiming to prevent reoffending and give young people a chance to rebuild their lives.
If your child or a young family member has been charged with an offence, don’t face the process alone. Our Criminal Law specialists are here to provide guidance, protect your child’s rights, and work towards the best possible outcome.
