Sentencing children

This page details information about how children are sentenced in Queensland and the types of orders they may receive. We have also published research looking at sentencing trends and patterns for children by age group.

Different laws apply to children who commit an offence in Queensland, but changes have been made to the law that now mean children who commit certain serious offences are subject to the same maximum penalties as adult offenders. The Youth Justice Act 1992 (Qld) sets out how children under 18 are sentenced in Queensland.

The Guide to the sentencing of children in Queensland looks at how the courts deal with children in Queensland.

Court responsible for sentencing children

Most cases involving children are heard in the Childrens Court, either:

Childrens Court (Magistrates Court level), or
Childrens Court (District Court level).

Serious offences, like murder or manslaughter, must be sentenced in the Supreme Court.

Minimum age for sentencing

Under the Criminal Code (Qld):

Children under 10 years cannot be tried or sentenced for offences.
Children under 14 years can only be tried or sentenced if the prosecution proves the child understood their behaviour was seriously wrong.

Key considerations for sentencing

When sentencing children, courts must have primary regard to any impact of the offence on a victim.

Other key considerations include:

The type and seriousness of the offence.
The child’s criminal history and the need to protect the community, especially from repeat high-risk offenders.
Holding the child accountable while recognising the offence’s impact on the victim.
The child’s age, maturity, rights, and, where appropriate, their culture and religion.
Supporting rehabilitation through family involvement, education, and work opportunities.
Ensuring lack of family support or access to education and work does not result in harsher penalties.

Courts may refer children to a restorative justice process instead of sentencing, or before determining a sentence.

Additional information

This information is not intended to provide legal advice and has been prepared for the purposes of providing information only. While all reasonable care has been taken in the preparation of this information, no liability is assumed for any errors or omissions.