Children’s sentencing guide to reflect key changes to legislation

The Queensland Sentencing Advisory Council has today released an updated version of the Guide to the sentencing of children in Queensland.

This updated guide provides the community with clear and accessible information on sentencing children, reflecting recent changes to legislation.

Council Chair the Honourable Ann Lyons AM said the updated guide is designed to help the community better understand sentencing procedures, including the role of courts and the laws that guide judges and magistrates in determining appropriate sentences.

‘The guide aims to demystify the youth sentencing process, recognising the strong community interest in how young people who commit offences are sentenced,’ Ms Lyons said.

‘From information about what it means to plead guilty, how a court decides the sentence, and the range of sentencing options are available, this guide is an opportunity to understand these topics.

‘Our goal with this updated guide is to equip the community with a valuable resource that enhances their understanding of sentencing and helps them navigate legal changes with confidence.’

The new content reflects the passage of the Making Queensland Safer Act 2024, which introduced several amendments to the Youth Justice Act 1992 (Qld) as part of the Government’s Making Queensland Safer plan.

Key changes to the law:

• Children who commit ‘significant offences’ are now subject to the same maximum, minimum, and mandatory penalties as adults. These offences include murder, manslaughter, robbery, dangerous operation of a vehicle, and unlawful use or possession of a motor vehicle.
• When sentencing children, courts are no longer required to consider the principle that detention is a last resort or for the shortest necessary period.
• The impact on any victim is now a primary factor that courts must consider during sentencing.
• Young people in youth detention centres must transfer to an adult corrective services facility within one month of turning 18, unless the chief executive decides otherwise.

Ms Lyons emphasised the Council’s dedication to ensuring that Queenslanders have the information they need to understand sentencing laws and processes.

‘Providing accessible information to educate and inform the public is vital,’ Ms Lyons said.

‘If you want to understand how sentencing works in Queensland’s youth justice system, this guide is your starting point.

‘It’s a practical tool designed to foster understanding and open dialogue within the community.

‘I encourage everyone to take the time to read the guide and share the knowledge it provides within your networks.’

The updated guide is now available for download on the Council website.

ENDS