CRIMINAL DEFENCE LAWYERS AND SOLICITORS – CHILDRENS COURT – MAKING QUEENSLAND SAFER LAWS BRISBANE LAWYERS – CRIMINAL DEFENCE LAW FIRM AITKEN WHYTE LAWYERS BRISBANE – CRIMINAL DEFENCE LAWYERS AND SOLICITORS FOR BRISBANE, QUEENSLAND FOR APPEARING IN THE CHILDRENS COURT
The Making Queensland Safer Laws, which came into effect on 13 December 2024, represent substantial changes to the way that young offenders are dealt with in the Queensland justice system.
In Queensland, children under the age of 10 cannot be held criminally responsible for their actions and cannot be charged with a crime.
Children aged 10 to 13 years can be charged with an offence, but are presumed to be incapable of criminal intent unless it is proven that at the time of committing a crime, they had the capacity to know that they ought to commit the crime.
Children aged 14 to 17 years are considered to be criminally responsible for their actions, but are treated as juvenile offenders and dealt with in the youth justice system.
Aitken Whyte lawyers criminal defence team understand the unique intricacies of providing support to juvenile offenders and their families.
Being charged with a criminal offence and having to attend Court can be stressful as an adult. For juveniles, the process can be confusing and overwhelming and concerning for parents of a child charged with an offence.
Our criminal defence team is here to explain the process in clear language to young people and their families and provide support and expert legal representation.
Our lawyers, as well as the barristers and other experts we work with, are particularly apt at communicating with children and young people, while also applying our extensive experience and knowledge in crime so that your child’s legal defence is in the best hands.
When sentencing children for an offence, courts are now prohibited from having regard to the principles that a detention order should only be imposed as a last resort or that a sentence that allows the child to stay in the community is preferable. This means that a court does not need to be satisfied that detention is the only appropriate sentence before imposing a detention order on a child. The principle of detention as a last resort still applies to adult offenders.
The court is now required to adopt a victim-focused approach to sentencing young offenders, having “primary regard” to the impact of the offence on the victim when imposing a sentence.
The Making Queensland Safer Laws have substantially increased the penalties imposed on children for certain significant offences, including:
Children who commit any of these offences are now subject to the same maximum and mandatory detention periods as adult offenders; for example, a child who is convicted of murder must be sentenced to imprisonment for life with a non-parole period of 20 years. The court is no longer allowed to make restorative justice orders when sentencing a child for any of these offences.
A court sentencing a child for any of these offences may order that the child be placed on probation for up to 3 years.
If a child is found guilty of committing certain violent offences while intoxicated and in a public place, the court must make an order requiring the child to perform community service in addition to the sentence that would have been imposed.
When exercising the power to arrest a child or to keep a child remanded in custody, police officers will no longer have regard to the principles that a child should only be detained in custody where necessary or that a child should not be detained in custody for longer than necessary.
Young offenders who turn 18 while detained in a youth detention centre will be automatically transferred within 30 days to an adult corrective services facility, even where they have been not been remanded or sentenced.
The court may now order the publication of identifying information about a child who has committed a violent offence against another person. Prior to the introduction of the Making Queensland Safer Laws, publication orders could only be made where the child had committed an offence punishable by life imprisonment.
The Making Queensland Safer Laws have also made amendments to the Children’s Court Act 1992 which affect who is allowed to attend proceedings involving young offenders.
Relatives of any victim of an offence committed by a child may now be present at Children’s Court proceedings; relatives of victims had previously been excluded from proceedings unless the victim was deceased. Additionally, the Children’s Court no longer has the power to exclude people from proceedings for reasons related to safety or the proper administration of justice.
Some amendments introduced by the Making Queensland Safer Laws have not taken effect yet, but will commence on proclamation in 2025:
Victims of a violent or sexual offence committed by a child will be automatically placed on the Victim Eligible Persons Register, enabling them to receive information about the transfer of the child between detention facilities, the length of the child’s detention, and the day that the child is eligible for release.
The criminal history of a child will be expanded to include:
The court will be permitted to admit evidence from an adult offender’s criminal history as a child for up to five years from the most recent update to that person’s childhood criminal history.
Findings of guilt as a child which fall within the prescribed period, even where a conviction was not recorded, will be admissible when sentencing an adult offender. Childhood findings of guilt without a conviction will be treated as convictions by the court.
When charging or sentencing an adult offender for the dangerous operation of a motor vehicle, the court may admit evidence of a prior finding of guilt as a child for the same offence if:
Facing a criminal offence at any stage in life can be highly stressful, if not traumatic. Dealing with those stresses as a child only increases the potential impacts. It is important that you provide your child with the best possible assistance. Contact us to discuss how we can best assist you and your child through this process.
Aitken Whyte Lawyers are focused on results. Call us for solutions and results, for expert and experienced advice to represent you at this important time or, if you want to learn more about our services in Queensland.
For Brisbane and surrounding areas including Ipswich, Redlands, Logan, Redcliffe and Caboolture call 07 3229 4459 or email us.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
