Melbourne Children's Court Lawyers

In Victoria, young people aged 12 to 17 who are charged with an offence are generally dealt with by the Criminal Division of the Children's Court of Victoria. Since the Youth Justice Act 2024 commenced on 30 September 2025, the minimum age of criminal responsibility has been 12 (up from 10), and the law places more weight on warnings, cautions and diversion. However, for young people aged 14 and over charged with certain serious violent offences, new laws move cases to the County Court, where the consequences can be far more serious.

Key points

• Since 30 September 2025, the minimum age of criminal responsibility in Victoria is 12; children under 12 cannot be charged with an offence.
• The Victorian Government's earlier plan to raise the age to 14 by 2027 was abandoned in August 2024.
• For children aged 12 and 13, the law presumes they lack criminal capacity (doli incapax); the prosecution must prove the child knew the conduct was seriously wrong.
• The Youth Justice Act 2024 sets up a formal framework of warnings, cautions and diversion to deal with less serious matters without prosecution.
• Under the Adult Time for Violent Crime reforms, young people aged 14 and over charged with offences such as aggravated home invasion or aggravated carjacking are generally dealt with in the County Court, with full implementation by the end of February 2026.

What the Children's Court Criminal Division deals with

The Criminal Division hears most charges against young people who were at least 12 but under 18 at the time of the alleged offence (generally where proceedings start before they turn 19). Compared with adult courts, proceedings are more private and sentencing focuses on rehabilitation, education and family support rather than punishment alone. Even so, a Children's Court sentence can include detention in a youth justice centre.

Police interviews: what parents can do

When police interview a person under 18, a parent, guardian or independent person must be present. The young person has the right to remain silent and to contact a lawyer before the interview. Our suggestions:

• ask to speak to a lawyer before deciding whether to answer questions;
• request a professional interpreter if the child or parent is not fluent in English;
• the parent's role is to support the child, not to question them for police or press them to confess;
• keep every document police provide, such as a summons or bail conditions.

Diversion: a chance to avoid a criminal record

For first-time or minor offending, police can give a warning or a formal caution instead of going to court. Once a case is in the Children's Court, an eligible case can be referred to a diversion program: the young person usually acknowledges responsibility and completes conditions such as an apology letter, counselling, community activities or compensation. If completed, the charge is discharged without a finding of guilt. Diversion generally needs police consent, so early involvement by a lawyer matters.

For example: a 15-year-old student is caught shoplifting for the first time. With a lawyer's help he writes an apology and attends counselling, the court approves diversion, and the case ends without a recorded finding of guilt.

Bail and the new adult-time laws

A young person who is arrested may need to apply for bail. The court considers age, accommodation, schooling and family support; whether parents can offer stable housing and supervision is often decisive. Breaching bail conditions can lead to remand in custody.

Adult Time for Violent Crime reforms passed in late 2025 mean that young people aged 14 and over charged with aggravated home invasion, home invasion, causing injury in circumstances of gross violence or aggravated carjacking are generally dealt with in the County Court, where much longer sentences are available. Carjacking, and serious and repeated aggravated burglary or armed robbery, may also be moved to the County Court. These charges call for immediate advice from a criminal lawyer.

International students and visa holders

For international students under 18, or children on a parent's temporary visa, a charge can affect school attendance, student visa conditions and character assessments in later visa or permanent residence applications. Diversion and a finding of guilt have different migration effects, so this should be considered when handling the case.

How we help families

We work with young people and parents in Mandarin, Cantonese or English, and can help with advice before a police interview, bail applications, negotiating diversion or withdrawal of charges with police, preparing school, counselling and character material, court representation, and assessing visa consequences.

Frequently asked questions

What is the age of criminal responsibility in Victoria?

It has been 12 since 30 September 2025. Children aged 12 and 13 are also protected by the doli incapax presumption, so the prosecution must prove the child knew the conduct was seriously wrong.

Will my child have a criminal record after the Children's Court?

It depends on the outcome. Completing diversion does not result in a finding of guilt, and the court can find a charge proven without recording a conviction. Some outcomes may still need to be disclosed in later checks or visa applications, so get advice first.

Do parents have to be present when police interview my child?

A parent, guardian or independent person must be present when a person under 18 is interviewed. The child also has the right to contact a lawyer first and to remain silent.

Can a 14-year-old be tried as an adult in Victoria?

For certain serious violent offences such as aggravated home invasion or aggravated carjacking, cases involving young people aged 14 and over are now generally heard in the County Court, with longer sentences available. Most other cases remain in the Children's Court.

Will an international student lose their visa if charged?

Not necessarily, but it can affect student visa conditions and future character assessments. Get criminal and migration advice together, early.

If your child has been contacted by police, arrested or summonsed to the Children's Court, call 03 9602 3988. Meet us at our Melbourne CBD office (Level 2, 262 Queen Street) or by video, in Mandarin, Cantonese or English.

This article is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026