Youth Justice System Queensland

There has been a long-standing problem with the Queensland criminal justice system, and that is our inclusion of 17-years-olds in the adult justice system. It has been a problem unique to Queensland, being the only state in Australia to treat 17-years-olds as adults and send them to adult prisons.

This is despite the fact that in all other areas of law, 17-year-olds are treated as children. They are not able to vote, consume alcohol (legally) or marry. Yet if they commit offences, they are liable to be sent to a jail with other adults instead of other children.

Many of our client’s and their families are shocked to learn that at the age of 17, they will be dealt with as an adult by police and the courts, instead of being dealt with by the youth justice system. Whilst it has been a contentious issue amongst the legal profession, many persons not involved with the legal or criminal justice system have been unaware of the issue and simply assume that as a 17-year-old, they will be dealt with as a child.

Thankfully, after decades of lobbying and calling for change, Queensland Parliament on 3 November 2016 passed the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 (“Act“). The purpose of this Act is to ensure 17-year-olds are dealt with as children by the police and courts, as they are in all other states of Australia, as opposed to being brought before the adult court system. The aim of this reform is to in fact reduce offending and re-offending by young persons.

Youth Justice Act Queensland Amendment

This amendment is a welcomed change towards protecting the rights of children in Queensland. Two of the paramount considerations of the Youth Justice Act 1992 (Qld) are to rehabilitate children and reintegrate them with the community.

The court in dealing with children, also must have regard to the following:

• keeping children safe and promoting their wellbeing,
• the child’s development,
• strengthening ties between children and their families, as well as the community, and
• that imprisonment should be imposed as a last resort.

These are not matters which a court in sentencing an adult must have regard to.

The police also have broader powers in dealing with children, with the Act allowing them to formally caution children or use other methods to divert them away from the court system altogether.

The Act passed and commenced on 12^th of February 2018 to the applause of many in Queensland’s legal profession.

How We Can Help

Our criminal lawyers can expertly navigate criminal law’s complexities, advise you on the likelihood of being found guilty of a criminal offence, advise you on your prospects of success if you decide to plead not guilty, provide extensive support in the lead up to court appearances, respond to your questions in a timely manner, and let you know the potential penalties that may apply if found guilty by the court.

Contact Us

Get the best representation. Contact our expert Lawyers on 1800 999 529, email mail@rmold.newwebsite.live, or submit an enquiry below.

We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.

This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.

This article was originally published on April 10^th 2017. It was last updated on the 3^rd of November 2022.