Publication
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.
Children are treated differently to adults in the Queensland criminal justice system.
This is because children and adults have different levels of maturity, with children having less ability to control their behaviour and make good decisions.
The Youth Justice Act 1992 (Qld) sets out how children under 18 are sentenced in Queensland.
Court responsible for sentencing children
In most cases, sentencing a child takes place in the Childrens Court.
Usually this is the Childrens Court (Magistrates Court level) or Childrens Court (District Court level). However, for very serious offences, like murder or manslaughter, the offence must be sentenced in the Supreme Court.
Minimum age for sentencing
In Queensland, under the Criminal Code (Qld):
- a child under 10 cannot be tried and/or sentenced for an offence
- a child under 14 can only be tried and/or sentenced if the prosecution shows the child understood that their offending behaviour was seriously wrong.
Key considerations for sentencing
If a child pleads guilty, a court must consider referring them to a restorative justice process instead of sentencing. The court can also refer a child to a restorative justice process before deciding on a sentence.
Courts must consider certain principles and factors when sentencing a child and must give primary regard to the impact of the offence on the victim.
When sentencing a child, a court must think about:
- the type and seriousness of the offence
- the child’s criminal history and the need to protect the community from offences, especially from repeat high-risk offenders
- the need to hold the child accountable in a way that recognises the impact of their offence on the victim
- the child’s rights, age, maturity, and, where appropriate, their culture and religion
- that rehabilitation works best when a child has family support and access education and work
- that lack of family support or opportunities for education and work should not lead to harsher sentences.
If a child pleads guilty or is found guilty, the court may ask for a pre-sentence report to help it decide what the sentence will be. The court sometimes needs to ask for and consider a pre-sentence report, especially if a detention order is being considered.
Types of sentences
There are different types of sentences. A court can often choose which order to give.
Detention orders
Maximum length of detention
Different rules apply about the maximum detention length, based on the type of offence, which court sentences the child and when the offence happened.
Childrens Court
In the Childrens Court at the Magistrates Court level, the magistrate can:
- For most offences, sentence a child to detention for up to 1 year.
- For certain offences, this can be up to 3 years.
Higher courts
In the Higher courts (Childrens Court at the District Court level, District Court or Supreme Court), the sentence depends on the type of offence and when it was committed:
- A judge can sentence a child to detention for up to 5 years or half the maximum adult sentence for the offence, whichever is less; or
- A judge can order longer detention for some serious offences, usually up to 10 years; or
- If an adult could get life imprisonment, the child can be sentenced to detention for more than 10 years and up to life if certain legal conditions are met.
Changes to the law in 2024 and 2025 mean that, for some offences, the above rules do not apply. Instead, children can be sentenced to the same detention length as adults.
In some cases, a court has no choice, and the same mandatory and minimum penalties for adults also apply to children.
These new laws apply to offences that happened after the law changed.
Time spent in custody under a detention order
A detention order involves the child spending part of the time in custody, with the last part served in the community under a supervised release order (or parole if they are an adult when released).
If a child gets more than one detention order, they usually serve them at the same time. However, a court can order them to serve one after the other.
Unsupervised orders
- Reprimand – a formal warning by the court
- Good behaviour order – the child must not commit another offence for a set time
- Fine – the child (if able to pay) must pay a set amount
Community-based orders
A community-based order lets the child live in the community under certain rules, supervised by youth justice officers.
A court can only make these three orders if the child is found guilty of an offence that could send an adult to prison, and the child agrees to them.
Other orders
- Restitution and compensation – a child must pay money (if they can afford it) to make up for property loss or injury caused to a victim
- Disqualification – a court can, or sometimes must, stop a child from having or getting a driver’s licence for a set amount of time
Recording a conviction
When sentencing a child, a court may decide to record a conviction. A recorded conviction stays on a child’s record into adulthood.
If no conviction is recorded, it will still appear on the child’s record if they offend again as a child, or in some cases, as an adult.
The court looks at the child’s age, past offences, the current offence, and how a conviction could affect their future and finding a job.
A conviction cannot be recorded if the child gets a reprimand or a good behaviour order.
Keeping a child out of the criminal justice system
In Queensland, if a child commits an offence, the law says they should generally be kept out of the criminal justice system, unless the offence or their history makes this inappropriate.
This is called diversion, meaning the child is not given a sentence.
Police diversion
Police can:
- take no formal action
- caution the child
- issue the child with a ticket (called an infringement notice), which means the child can choose to pay a fine instead of going to court
- refer the child to a:
- 2-hour graffiti removal program, if they are at least 12 and admit to the offence
- 2-hour drug diversion program (where the child is taught about the consequences of using drugs and given help to stop using them)
- restorative justice process, if the child admits the offence and is willing.
Court diversion
Courts can divert children from the criminal justice system.
If a child pleads guilty, a court can, where suitable:
- dismiss the charge and caution the child (or direct a police officer to do so).
- dismiss the charge and refer the child to a restorative justice process.
- refer the child to a drug assessment and education session for minor drug offences. If the child attends no further court action is taken.
- refer the child to a restorative justice process. If they comply with the agreement, the court action ends.
Parents going to court
A parent is usually required to attend court with their child. If they don’t, the court can:
- adjourn to another date to allow the parent to attend
- order the parent to attend
- recommend Youth Justice give financial help so the parent can attend.
If a child is sentenced without their parent present, and the parent was not aware of the hearing or had a good reason for not attending, they or the child can apply for the case to be heard again.
For certain offences, like personal or property offence, the court can order the parent to pay compensation if a lack of supervision contributed to the offence.
Publishing information about a child
A child’s identifying information, like their name, cannot be published unless certain legal conditions are met. Even with permission, it can only be published after the appeal period ends or any appeal is finalised.
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.