What age can a child be charged with assault

Most other criminal matters involving a young accused person will stay in the Children’s Court. If the young person pleads not guilty, the magistrate will hold a hearing. The magistrate will determine whether the evidence supports a finding of guilty or not guilty.  

For guilty pleas, or if the young person is found guilty, the magistrate will sentence them under the Children’s Court penalty laws. 

What age can a child be charged with assault

Young person pleads not guilty

When a young person pleads not guilty, the magistrate will order the prosecution to serve its evidence (called a ‘brief’) within four weeks. A brief will usually include victim and witness statements, results of forensic tests, such as blood alcohol tests, and, if relevant, photos or maps of the scene of the incident. 

The court will normally then adjourn for seven weeks so the young person’s lawyer can respond to the brief. 

If after the adjournment the young person again pleads not guilty, the matter will be listed for a hearing.

Domestic violence timetable 

If the young person is charged with a domestic violence offence, a different process applies so the matter can be dealt with in the fastest possible time. 

The prosecution will serve a ‘mini brief’ on the young person and their lawyer no later than the first time the matter is mentioned in court. This will include the alleged facts of the case, a copy of the victim’s statement, and any relevant photos. 

The magistrate will usually ask the young person to enter a plea the first time the matter is mentioned in court. If the young person has not had a reasonable chance to look at the mini brief or get legal advice, there will be an adjournment for up to 14 days. 

If the young person pleads not guilty, the magistrate will set a hearing date. The prosecution will have to serve the rest of its brief 14 days or more before that date. 

Main steps in a Children’s Court hearing 

The steps in a hearing in the Children’s Court are very similar to those in the Local Court, although the process is much more informal and the magistrate will spend time explaining to the young person what is happening. 

The main steps are: 

  • the prosecution makes an opening statement about the case (called a ‘submission’)
  • the accused’s lawyer (the defence) may also make an opening submission
  • the prosecution calls its witnesses 
  • the first prosecution witness gives his or her evidence-in-chief, then is cross-examined by the defence. The prosecution may then re-examine the witness, and the magistrate may also ask some questions
  • the other prosecution witnesses then give their evidence, following the same process (see On the day: Going to court and giving evidence)
  • the defence calls its witnesses, who go through the same pattern of evidence-in-chief, cross-examination and re-examination. The young person does not have to give evidence but if they are going to it will be at this point, as a witness for the defence 
  • the prosecution makes a closing address 
  • the defence makes a closing address
  • the magistrate may adjourn to have more time to consider all the evidence and arguments
  • the magistrate announces the verdict 
  • if it is ‘guilty’, the magistrate will sentence the young person. Sentencing will usually start straight after the verdict, but it may also be delayed so reports / character references can be prepared
  • if the verdict is ‘not guilty’, the young person is free to go. 
Delays and adjournments 

Matters in the Children’s Court will sometimes be delayed or adjourned to another day. This can be upsetting and frustrating when you have spent time preparing to give your evidence and have planned your day around being in court. 

Reasons for adjournments can include witnesses not being available; courtrooms not being available; the young person not having a lawyer, or changing their lawyer; the young person needing psychiatric or psychological assessment; the magistrate asking for a Juvenile Justice background report; or the prosecution waiting on crucial evidence. 

The ODPP or police will tell you if we find out a matter has been delayed or adjourned, but we do not always know until the day.

Sentencing

If a young person pleads guilty or is found guilty in a Children’s Court matter, the magistrate will sentence them.  

A magistrate will generally require a background report on the young person – which Juvenile Justice usually prepares. If one is not on file there will be an adjournment so one can be provided. This normally takes two weeks when the young person is in custody and up to six weeks otherwise. 

If the young person pleaded guilty and there has not been a hearing, the lawyers for each side will agree on the facts of the case to provide to the magistrate (called ‘agreed facts’). The defence might also present psychological/psychiatric or medical reports, character references, information on the young person’s ties to the community, any rehabilitation program they may be involved in and, in some cases, an apology letter. 

If you are a victim of a sexual or violent offence or are a family member of a victim who died as the result of a crime, you will usually be able to make a victim impact statement (VIS), if you want to. The prosecutor will hand it to the magistrate before the offender is sentenced. You can also choose to read it out, or have someone read it for you. Talk to the prosecutor as early as possible if you want to make a VIS as they can’t be made in all matters (see Victim impact statements).  

Once the magistrate has received and heard the sentencing evidence, the magistrate will consider what penalty to impose. 

Penalties 

The penalties available in the Children’s Court are different to those in other courts, and the court gives more weight to rehabilitation and education than to punishment and deterrence. 

The magistrate will also consider the young person’s age, how much their youth contributed to them offending, the circumstances of the crime, and whether and when they pleaded guilty. 

The maximum penalty the Children’s Court can impose for any one offence is two years in detention, and, for more than one offence, three years in detention.  

Any sentence of detention will be in a Juvenile Justice centre – the Children’s Court cannot send a young offender to prison. Children’s Court detention orders are called ‘control orders’. 

Other penalties the Children’s Court can impose include a: 

  • suspended control order sentence (where a sentence to spend time in custody is suspended and the young person is released into the community on a good behaviour bond)  
  • community service order 
  • probation period, which requires a higher level of contact with Juvenile Justice than a good behaviour bond 
  • fine 
  • good behaviour bond 
  • caution, which means the charges are dismissed without conviction 
  • dismissal of charges, with or without a caution. 

If a young person is under 16 and pleads guilty or is found guilty in the Children’s Court, no conviction will be recorded, which means the offence will not form part of their criminal history.  

(See Sentencing for more information.)

Can a 12 year old be charged with assault in Australia?

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.

Can a 15 year old be charged with assault Australia?

When can I be charged with a crime and convicted? You can only be charged with a crime if you're 10 years or older. This is because the law assumes that children under 10 are too young to understand that what they are doing is wrong.

What is the youngest age to be in juvenile?

The Juvenile Code does not contemplate a minimal age of criminality. Ten (10) is the minimal age for secure detention of a juvenile unless it is a capital offense. Must be at least thirteen (13) years of age in order to be declared as a JSO. The age of 18 triggers adult court jurisdiction.

Can a 14 year old go to jail in Australia?

But across Australia, children as young as 10 can be arrested by police, charged with an offence, hauled before a court and locked away in youth prisons. When children this young are forced through a criminal legal process at such a formative age, they can suffer immense harm – to their health, wellbeing and future.