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Youth Crime Reform in Victoria: Adult Sentences for Offenders Aged 14+

Updated April 17, 2026

In Victoria, youth crime is a significant legal issue. As such, its youth justice system has introduced stricter measures for any youth offending, including the possibility of Adult Time for Violent Crime. This blog discusses Victoria’s youth crime reform in detail, outlining how the youth justice laws work, why the new reforms are controversial, and how all of this can affect the families of those who commit violent crimes.

Youth Justice Laws in Victoria

The Victorian Government handles youth justice with a strict framework that differentiates how culpability works for a child and an adult. This depends on the age of responsibility and how sentences are decided accordingly.

Age of Criminal Responsibility in Victoria

Previously, children as young as 10 years old could be held criminally responsible in Victoria. The Youth Justice Act 2024 (Vic) has raised this minimum age to 12, meaning 10- and 11-year-olds can no longer be prosecuted under the criminal justice system.

The Role of the Children’s Court

In most cases, a youth offence hearing happens in the Children’s Court of Victoria, which is less formal than adult courts. The Children’s Court hears almost all offences committed by anyone under 18 years old and focuses on the child’s specific needs. The exceptions here are gross violence crimes, such as armed robbery or attempted murder, that go to the County Court or Supreme Court.

Sentencing Principles for Young Offenders

In the Children’s Court, sentencing principles are governed by the Children, Youth and Families Act 2005. Section 362 of the Act states that the Court must consider the following for sentencing decisions:

  • The need to preserve the child’s relationship with their family
  • The child’s desire to live at home
  • The need to ensure minimal disturbance to the child’s education or employment
  • The sentencing’s suitability for the child
  • Ensuring that the child understands their need to accept responsibility for any act against the law

Why Youth Crime Reform Has Become a Major Issue

Victoria has witnessed a surge in child offences, especially last year. This has led to the Victorian Government wanting to implement serious consequences to prevent such acts, including offences involving children causing reckless or intentional injury. However, this reform has also met with heavy criticism.

Rising Concerns About Youth Crime

In 2025 alone, there have been various concerns about youth crime, with reports stating:

  • A 2.3% rise in overall offences by child offenders, with many even acting as violent youth offenders, committing crimes like aggravated burglary and machete crime.
  • Over 23,500 offences were committed by child offenders, including aggravated home invasions and motor vehicle robberies.
  • Over 1,400 youth gang-related arrests.

Given how these incidents often involve arrests for the same crimes, the Government decided to introduce new reforms into the youth justice system, especially for more violent youth offenders.

Government Responses and Policy Debate

The Government’s primary response was to introduce the Youth Justice Act (2024) to raise the age of criminal responsibility. But what really led to significant debate was the Allan Labour Government’s 2025 reform of possibly adopting Adult Time for Violent Crime, under which young offenders can face adult sentences for violent crimes. This has met with polarising opinions; some say that both the offenders and victims deserve the harsh treatment, while others argue that this could increase reoffending rates.

Balancing Rehabilitation and Accountability

The ultimate goal behind this new reform is balancing the offender’s betterment with accountability. This is why the Children’s Court will continue to be where such cases are heard, but now, offences by young people will be treated like adult crimes to ensure a stronger grip over community safety.

Key Youth Crime Reforms Affecting Offenders Aged 14+

With the Youth Justice Act (2024) in place and Adult Time for Violent Crime being considered, here’s how children and young people might be affected if they commit a crime:

Possibility of Adult-Level Sentences

The Children’s Court can currently impose up to 3 years for children. But the new reform, especially under Adult Time for Violent Crime, will mean that children 14 and above could receive adult-level sentences, with violent crimes potentially resulting in a maximum custodial sentence of up to 25 years.

Serious Offences Covered by the Reforms

The new reform is expected to impose adult sentences when children are charged with the following crimes:

  • Home invasion or aggravated home invasion
  • Recklessly or intentionally injuring someone under gross violence
  • Carjacking or Aggravated carjacking
  • Aggravated burglary (gross and repeated)
  • Armed robbery (gross and repeated)

Changes to Sentencing Considerations

While the offender’s rehabilitation remains important, the new reforms aim to prioritise community safety and scenarios where not enough consequences are imposed, based on what the victim went through.

How Sentencing Works for Young Offenders in Victoria

According to current legislation, here’s how sentencing decisions are taken for youth offenders:

Sentencing Options in the Children’s Court

Current laws state that the Children’s Court can impose sentencing as per the following:

  • For children under 15: 1 year (single offence) or 2 years (for one or more offences) in a youth detention centre.
  • For children above 15: 3 years (single offence) or 4 years (for one or more offences) in a youth detention centre.
  • For young offenders under 21: 2 years (Magistrates Court sentencing) or 4 years (County or Supreme Court sentencing) in a youth detention centre, if tried in an adult court following the Victorian dual track system, as per the Sentencing Act 1991 (Vic).

Factors Considered by the Court

For custodial sentences, the Children’s Court considers the following factors as outlined in Section 5(2) of the Sentencing Act 1991 (Vic):

  • The maximum legal penalty for the offence
  • Current sentencing protocols
  • Any standard sentence for the offence
  • The seriousness of the offence
  • The offender’s culpability
  • The impact of the offence on the victim, if any
  • The offender’s prior character history

Transfer of Serious Cases to Higher Courts

Under the dual track system, cases of grave offences, such as aggravated home invasion or carjacking, are usually transferred to the County Court, Supreme Court, or the Magistrates Court, where offenders can be given longer detention sentences.

Potential Impact of Youth Crime Reforms on Families

Victoria’s youth crime reform can completely change how the justice system operates for young people sentenced. Here are the key things to keep in mind:

Adult Time for Violent Crime would allow the Courts to impose more serious consequences for young people found guilty of serious violent crimes, including longer custodial sentences than three years.

Early intervention will be of utmost importance once the new reforms are active. An expert criminal defence lawyer can argue with substantial and compelling reasons to bring charges down and ensure that a case doesn’t move to the adult courts.

Long-Term Consequences of Youth Convictions

Besides the harsh psychological impact of being labelled as a criminal, a youth conviction could potentially lead to travel restrictions and difficulties in attaining employment in the future.

Understanding the Broader Impact of Youth Crime Reform in Victoria

While the youth crime reform in Victoria addresses the rising concern of too many victims and too few consequences, the larger impact will be on how the youth are treated. The changes would mean families cannot just depend on youthful indiscretion to avoid harsher sentences, but their implementation will also require significant amendments to the Children, Youth and Families Act, the Crimes Act, and the Youth Justice Act.

How Our Criminal Defence Lawyers Can Help

With 30+ years of experience in criminal defence, Doogue + George Defence Lawyers assists families facing youth offence charges in Victoria. If your child has been charged with an offence, our defence lawyers can ensure that you know your obligations thoroughly and can proceed with confidence. Contact us to learn more.

Frequently Asked Questions

At what age can someone be charged with a crime in Victoria?

Following the commencement of the Youth Justice Act 2024, the minimum age of criminal responsibility in Victoria is 12 years old. Children aged 10 and 11 can no longer be charged with a criminal offence.

What is the Children’s Court of Victoria?

It is Victoria’s designated court for hearing criminal cases against children and young people.

Can young offenders receive serious penalties in Victoria?

Yes. Current reforms state that young people can receive detention sentences, but the new reforms can change those to more serious consequences, with cases being heard in adult courts.

Do youth convictions appear on criminal records?

Yes. They can still be available during police checks and on state records.

Do young offenders need a criminal defence lawyer?

Yes. Especially to deal with the new reforms if they are passed, as a lawyer can ensure that all the legal proceedings are followed correctly.

Written by Kristina Kothrakis

Kristina Kothrakis is recognised by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026). An LIV Accredited Criminal Law Specialist with over 18 years' experience, she acts in sexual offences, family violence, white collar crime, fraud, and ASIC and IBAC investigations.

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LEGAL DISCLAIMER

“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”