You are criminally responsible at age 10. This means that if you commit an offence from this age, you can be charged and, depending on the seriousness, you can get a sentence of detention. Juvenile detention in Western Australia is served at Banksia Hill Detention Centre in Canning Vale.
Currently in Australia, children as young as 10 years old can be arrested, held in police cells, taken before a magistrate and incarcerated in prison-like settings. Most children who are incarcerated are never convicted of a crime.
Section 25 of the Criminal Code 2002 (ACT) currently provides that a child under 10 years old is not criminally responsible for an offence, and section 26 states that a child aged 10 years or older, but under 14 years old, can only be criminally responsible for an offence if the child knows that his or her conduct is ...
In Australia, young people may be charged with a criminal offence if they are aged 10 or over. Separate justice systems operate for young people and adults, each with specific legislation. The upper age limit in the youth justice system is 17 (at the time of the offence) in most states and territories.
In Australia, children under the age of 10 years cannot be charged with a criminal offence. If they are between 10 and 14 years old, the prosecution has to show that they knew what they were doing was seriously wrong for a case to continue.
You are criminally responsible at age 10. This means that if you commit an offence from this age, you can be charged and, depending on the seriousness, you can get a sentence of detention. Juvenile detention in Western Australia is served at Banksia Hill Detention Centre in Canning Vale.
There is no minimum age for criminal responsibility. Children below age 14 can only face incarceration if they are proven to have enough discernment between right and wrong. Incarceration starting at age 14.
Section 11 of the Children and Young People Act 2008 (ACT) defines a child as a person who is under 12 years old, and section 12 defines a young person as a person who is 12 years old or older but not yet an adult.
Young people are busy most of the day in the detention centre. They follow a routine that includes going to school at the centre, as well as taking part in programs and activities. We give your child clothes, shoes and everything else they need.
There were 818 young people in detention on an average night
There were 818 young people in youth detention on an average night in the June quarter 2022. The vast majority (90%) were male. Most young people (81%) were aged 14–17, at a rate of 5.4 per 10,000 young people.
Life imprisonment is the most severe penalty now available in Australia, and, currently, about 5 percent of the total prison population in Australian correctional institutions are serving an indeterminate life sentence. However, the average term of incarceration for these prisoners is about 13 years.
Minor Indictable Offence
Examples of this type of offence include: Theft, receiving and deception. Serious criminal trespass/ property damage. Illegal use of a motor vehicle.
If you are 16 years old and above, you can legally have sex (or do another sexual activity) with another person who is 16 years or older as long as you both agree to it.
Locking up kids makes them life-long offenders
Professor Chris Cunneen of UNSW says there's mounting evidence that locking young children up causes them significant harm, and sets them up for a lifetime in the criminal justice system.
It said recent data from the Productivity Commission showed the annual operating cost of imprisoning a child was $2,068.32 a day and $761,507 each year. The Queensland government has announced the construction of two new youth detention centres – one in Cairns and another in south-east Queensland.
Locking children up during these crucial years affects their development. Among other things, it increases children's risk of depression, suicide and self harm; leads to poor emotional development; results in poor education outcomes and further fractures family relationships.
Length of detention, over time
Since August 2020, the Department has provided further breakdown for people who have spent more than 2 years in detention. The next graph shows that breakdown. The average number of days people spend in detention (now 727 days) is a drop from the previous high of 806 days in January 2023.
There is no law that says what age you can leave home.
You can leave home at any age providing you have a safe place to go to. If you leave home and are considered to be in physical or moral danger then the Police or Department of Child Protection & Family Services may become involved.
There's no home alone law in Australia that says how old children must be before they can be at home by themselves. But parent and carers are legally responsible for looking after their children and keeping them safe. You're the best judge of when your child is ready to be left at home alone.
No legal age for leaving children home alone
There's no one law in Australia that says how old your child has to be before you can leave them alone. In Queensland, if you leave a child under 12 years of age for an unreasonable amount of time without supervision and care, you have committed a criminal offence.
Kids as young as eight can still be charged as an adult, held in an adult jail, and sentenced to extreme sentences in an adult prison.
In NSW, a child under the age of 10 years is considered incapable of crime. Section five of the Children (Criminal Proceedings) Act 1987 currently states: It shall be conclusively presumed that no child who is under the age of 10 years can be guilty of an offence.