Youth Justice Lawyer
Cairns & Far North Queensland
Your child has been charged with a criminal offence. You are worried about their future — whether they will get a criminal record, whether they will be detained, and what this means for their schooling, their employment prospects, and the rest of their life. The youth justice system in Queensland is separate from the adult system. The principles are different, the court is different, and the range of outcomes is different. The Youth Justice Act 1992 (Qld) governs youth sentencing, though the framework changed significantly in December 2024 under the Making Queensland Safer Act 2024 . The previous principle that detention should be imposed only as a last resort no longer applies to offences committed on or after 13 December 2024. The court must now have primary regard to the impact on the victim. That does not mean the consequences are trivial. It means the system provides more options — and getting the right outcome depends on using those options effectively.
How the Children's Court Works
Criminal charges against children aged 10 to 17 are dealt with in the Childrens Court of Queensland — a specialist court established under the Childrens Court Act 1992 (and, for indictable matters, the District Court sitting as the Childrens Court). The Childrens Court operates under different legislation and different sentencing principles from the adult courts. The Youth Justice Act 1992 (Qld) provides for diversion at the pre-court stage and a range of sentencing outcomes: Caution or warning — police-level resolution without court proceedings Restorative justice conference — a facilitated process where the young person, the victim, and their families meet to agree on how the harm will be addressed Reprimand or good behaviour order — a conviction must not be recorded for these outcomes Community-based orders — probation, community service, or intensive supervision Detention — for offences before 13 December 2024, detention remains a last resort; for offences after that date, the court must have primary regard to the impact on the victim under the Making Queensland Safer Act 2024 The court must consider the young person's age, maturity, cultural background, and the circumstances of the offence. A 13-year-old charged with their first offence is treated very differently from a 17-year-old with a history of offending — and the submissions need to reflect that.
Diversion and Restorative Justice
Queensland's youth justice framework provides for diversion at several stages — resolving the matter without a finding of guilt and without a criminal record: Police diversion: Police can issue a caution or refer the young person to a community-based program instead of charging them. If your child has been charged and diversion was not offered, Sacha can raise this with the prosecution. Court-ordered conference: The Childrens Court can refer a matter to a restorative justice conference under the Youth Justice Act . If the young person completes the conference agreement, the charge is dealt with without a conviction. These conferences are genuine — they involve the victim, and the outcomes include apologies, reparation, and community work — but they avoid a criminal record. Good behaviour order: The court can make a good behaviour order without recording a conviction — similar to the no-conviction provisions in the adult system, but with a youth-specific framework. Whether diversion is available depends on the charge, the young person's history, and the attitude of the prosecution. Sacha assesses every case for diversion eligibility and pursues it where appropriate.
When the Charge Is Serious
For more serious charges — assault occasioning bodily harm, robbery, drug supply, property offences involving significant value — the consequences are more significant. The Childrens Court retains jurisdiction for most indictable offences, but the sentencing range is wider and may include supervised probation, community service, or conditional release. Detention is available. For offences committed before 13 December 2024, detention remains a last resort under the pre-amendment Youth Justice Act . For offences committed on or after that date, the Making Queensland Safer Act 2024 removed the "last resort" principle — the court must now have primary regard to the impact on the victim. In practice, a well-prepared sentencing submission that demonstrates rehabilitation, family support, engagement with education or employment, and genuine insight into the offending remains critical to the outcome. For children charged with the most serious indictable offences — including offences carrying life imprisonment — the matter may be transferred to the District Court sitting as the Childrens Court. The process is more formal, but the youth justice principles still apply.
Frequently Asked Questions
Will my child get a criminal record?
Not necessarily. The youth justice system provides several pathways that avoid a criminal record — including police diversion, restorative justice conferences, and good behaviour orders without conviction. Whether a no-record outcome is achievable depends on the charge, your child's history, and the quality of the submissions. Sacha advises on this at the first consultation.
Can my child go to detention?
Detention is available under the Youth Justice Act 1992 (Qld). For offences before 13 December 2024, the court must treat detention as a last resort. For offences on or after that date, the Making Queensland Safer Act 2024 removed the "last resort" principle — the court must now have primary regard to the impact on the victim. For first offences and less serious charges, community-based orders remain common. For serious or repeated offending, detention becomes a real possibility — and a well-prepared case is essential.
Do I have to be in court with my child?
A parent or guardian is generally required to attend the Childrens Court with the young person. The court may require your attendance if you do not appear voluntarily.
Is the Childrens Court open to the public?
The Children's Court is closed to the general public, but accredited media may attend criminal proceedings since the 13 December 2024 amendments under the Making Queensland Safer Act 2024 . Publication of information identifying the young person is prohibited under s 301 of the Youth Justice Act , so reporting cannot name your child.
What if my child turns 18 before the matter is finalised?
If the offence was committed while your child was under 18, the matter is generally dealt with in the Childrens Court regardless of their age at the time of sentence. The youth justice principles still apply.
Fixed Fees
- Youth Justice — Childrens Court Plea — $2,400
- Youth Justice — Serious or Indictable Charge — $5,800
- Restorative Justice Conference — $1,650