The Age of Criminal Liability
The age of criminal liability or the age of criminal responsibility is the age at which a person can be arrested, charged and found guilty of criminal offences. In Victoria, the age of criminal liability is 12.
Children under 12
Children younger than 10 cannot be arrested, charged, summonsed, or found guilty of offences. This is set out in section 10 of the Youth Justice Act (2004).
Children between 12 and 14
Children between 12 and 14 can be charged with offences but the prosecution must show the court that the child understood the act constituted a crime and that their actions were wrong. If prosecution cannot establish this beyond a reasonable doubt, the child will be acquitted on the basis of immature age. This is known as the doli incapax rule. The rule amounts to a rebuttable presumption that a child younger than 14 is not criminally responsible.
Children over 14
When a person aged between 14 and 18 is charged with a summary offence, there is no requirement that the child be proven to have known that their actions were wrong. The matter will be dealt with in the Children’s Court. If the offence is an indictable offence that is to be heard on indictment, it will be mentioned in the Children’s Court, then proceed to a committal hearing. If there is sufficient evidence to support the charge, the matter will then be committed to the County Court or Supreme Court.
Young people are subject to the same procedures and rules of evidence as adults. There are also some additional rules that apply to young offenders.
A young person who is found guilty of an offence in Victoria is sentenced under the Children, Youth and Families Act 2005. The primary goal of any sentence imposed on a young person under that act is the young person’s rehabilitation.
The court can sentence a young person to a range of orders, including a fine, a good behaviour bond, a youth supervision order or a term of detention. The court can also defer sentencing to allow the young person to participate in a group conference or a diversionary program.
This article was written by Jonathan Brancato
With a career dedicated solely to criminal and quasi-criminal law, Jonathan is a highly experienced advocate committed to providing his clients with expert legal guidance and representation. Having worked across a wide spectrum of criminal cases—from traffic offences to complex homicide and mental impairment matters—Jonathan is well-equipped to handle all aspects of criminal law with professionalism and care. Jonathan regularly...
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