Children’s Court Crime in Victoria: Can a Child Be Charged?
If a child is under 10 years of age, they cannot be held criminally responsible for their actions. Police cannot charge a person who is under 12 years of age.
Police can charge a young person who is 12 years or older. If a child is charged, the matter will generally proceed to the Children’s Court of Victoria.
For children aged between 12 and 14, there is an important legal principle known as doli incapax, which presumes that a child does not have the capacity to understand that their conduct is seriously morally wrong. This presumption may mean the child is not criminally responsible depending on the circumstances.
It is essential to speak to a lawyer as soon as you become aware that a child may be charged, even before a police interview takes place.
For less serious matters, police may issue a caution, which is an official warning rather than laying charges. This may be negotiated with the police officer in charge.
The Children’s Court of Victoria
The Children’s Court of Victoria is a specialist jurisdiction that deals with criminal matters involving young people under the age of 18.
Because it is a youth-focused court, there are key differences compared to the adult Magistrates’ Court, including:
Young people are referred to by their first name
Lawyers sit during hearings rather than stand
Sentencing options focus on rehabilitation
The Court prioritises rehabilitation, while also considering community safety
Serious Youth Crime Offences
The Children’s Court can deal with most matters involving children.
However, some offences cannot be heard in the Children’s Court, including:
Murder
Attempted murder
Manslaughter
Culpable driving causing death
For young people over 16, certain serious offences are classified as Category A Serious Youth Crime Offences, which may be heard in a higher court. These include:
Intentionally causing serious injury in circumstances of gross violence
Aggravated carjacking
Terrorism offences
In some cases, submissions can be made that there are substantial and compelling reasons for the matter to remain in the Children’s Court.
Stages of a Children’s Court Matter
Children’s Court proceedings generally involve three main stages:
1. Mention Stage
The matter is listed, and discussions occur between the defence and prosecution regarding resolution or further steps.
2. Contest Mention Stage
The Magistrate becomes more involved, considering the evidence, charges, and possible defences. The matter may still resolve at this stage.
3. Contested Hearing Stage
If the matter does not resolve, it proceeds to a contested hearing where:
Witnesses give evidence
CCTV and interview recordings may be played
The Magistrate determines guilt or innocence
If found not guilty, the charges are dismissed. If found guilty, the Court proceeds to sentencing.
How Does a Child Avoid a Criminal Record?
There are several ways a child may avoid a criminal record:
Withdrawal of charges by police
Caution (official police warning)
Diversion, involving a court-approved diversion plan
A not guilty finding after a contested hearing
These outcomes can be complex once charges are laid, and early legal advice is important.
Sentencing Outcomes for Young People
Sentencing in the Children’s Court is governed by the Child, Youth and Families Act 2005 (Vic).
Available sentencing options include:
Probation Order
Youth Supervision Order
Youth Attendance Order
Youth Control Order
Youth Justice Centre Order (detention)
All orders (except detention) involve supervision and support from Youth Justice, which may include:
Supervision appointments
Mental health support
Substance abuse support
Educational assistance
Mentoring and rehabilitation programs
Conclusion
The Children’s Court is a specialised jurisdiction focused on rehabilitation and youth development.
Given the complexity of youth justice matters—including doli incapax, police discretion, diversion, and sentencing outcomes—it is critical to obtain advice from lawyers experienced in Children’s Court proceedings as early as possible.
Speak With an Experienced Children’s Court Lawyer
If your child has been charged or is being investigated by police, early legal advice can make a significant difference to the outcome.
Stary Norton Halphen & Galbally are experienced criminal lawyers in Melbourne with expertise in Children’s Court matters and youth crime defence.
Contact our office on (03) 8622 8200 for confidential advice.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.