Youth Justice Act Victoria
The Youth Justice Act introduces significant changes to how children and young people are dealt with in the criminal justice system in Victoria.
The Act affects police powers, diversion options, and the way young offenders are managed both before and after charges are laid.
For children and families in Melbourne and throughout Victoria, these changes have practical consequences from the earliest stage of police involvement.
Key Changes Under the Youth Justice Act
The legislation introduces a number of reforms, including:
Raising the age of criminal responsibility to 12
Expanded powers for police to issue warnings and cautions
Introduction of Early Diversion Group Conferences
A revised framework for sentencing young offenders
Additional bail conditions, including electronic monitoring
These changes alter how and when a young person may enter the criminal justice system.
Police Powers Before Charge
A central feature of the Act is the expansion of police powers prior to charge.
This includes formalised processes for warnings, cautions and diversion. While these mechanisms may allow a young person to avoid court, they involve direct engagement with police at an early stage.
Decisions made at this point may affect how a matter is dealt with if further allegations arise.
Youth Warnings and Youth Cautions
The Act provides a statutory basis for police to issue warnings and cautions (including under ss 95 and 103).
Where a young person is eligible, police may deal with the matter without laying charges.
A warning or caution:
Does not result in a criminal conviction
Does not appear on a criminal record
May still be recorded by police for internal purposes
There is no prescribed limit on the number of warnings or cautions that may be issued. Eligibility and appropriateness will depend on the circumstances.
Warnings and cautions are typically administered in a formal setting, often at a police station and in the presence of a support person.
Early Diversion Group Conferences
The Act also allows police to refer a young person to an Early Diversion Group Conference.
These conferences involve:
The young person
A legal representative
The referring police officer
A parent, carer or support person
These conferences are facilitated by an independent body and adopt a restorative approach to resolving the conduct.
If the conference process is completed, the matter is finalised without a criminal outcome and does not result in a criminal record.
Practical Considerations
While expanded diversion options are a feature of the Act, increased police involvement at an early stage raises practical issues.
A young person may engage with police before obtaining legal advice. Decisions made at that stage may:
Affect the availability of warnings or cautions in the future
Be relied upon in later proceedings
Have consequences in relation to issues such as doli incapax
Early resolution may not always be in a young person’s best interests.
It is not sufficient to rely on information provided by police. Legal advice should be obtained before any decision is made.
The Importance of Legal Advice
Where police have contacted a young person, legal advice should be obtained before any substantive engagement takes place.
This includes situations involving:
Requests to attend a police station
Discussions about warnings or cautions
Referrals to diversion processes
Advice at an early stage will assist in protecting the young person’s position and identifying the appropriate course.
Criminal Defence Lawyers Melbourne
Stary Norton Halphen & Galbally act for children and families in Melbourne and across Victoria in criminal matters, including those arising under the Youth Justice Act.
If a young person has been contacted by police, legal advice should be obtained as soon as possible.
Frequently Asked Questions
What is the Youth Justice Act in Victoria?
It is legislation governing how children and young people are dealt with in the criminal justice system, including police powers, diversion and sentencing.
What age can a child be charged with a criminal offence in Victoria?
The age of criminal responsibility is being raised to 12. Children under that age cannot be charged with a criminal offence.
Do youth cautions appear on a criminal record?
No. Warnings and cautions do not result in a criminal record, although they may be recorded by police for internal purposes.
What is an Early Diversion Group Conference?
It is a process facilitated by an independent body involving the young person, police and support persons, aimed at resolving a matter without court proceedings.
Should a child speak to police before getting legal advice?
Legal advice should be obtained before engaging with police, including in relation to cautions, warnings or diversion processes.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.