Adult Crime, Adult Time (Qld)

In 2024, the Queensland government passed sweeping changes to the way young offenders are sentenced. These included abolishing the principle that a sentence of detention may only be imposed as a last resort, and introducing adult prison sentences for young people found guilty of 13 serious crimes including murder and robbery. This page outlines the ‘adult crime, adult time’ sentencing regime that now applies in Queensland.

Legislation

The Making Queensland Safer Act 2024 made changes to the Youth Justice Act 1992, the Children’s Court Act 1992 and the Criminal Code Act 1899.

Detention no longer a last resort

One of the most significant changes made to youth sentencing laws in 2024 was the removal of the principle that a young person under 18 could only be sentenced to detention if the court was satisfied that no other penalty was appropriate.

The principle that a non-custodial sentence is preferable to detention for a child’s reintegration into the community has also been removed.

The removal of these provisions means that courts now have a wider discretion to impose terms of detention on young people. They may now impose detention in situations where other types of sentencing orders would be sufficient.

Adult crime, adult time offences

The changes have also introduced adult penalties for young offenders found guilty of the following offences:

Murder

A young person who is found guilty of murder is Queensland will now be subject to the mandatory sentence of life in detention with a minimum non-parole period of 20 years. This penalty is set out in section 305 of the Criminal Code Act 1899.

In the past, the maximum penalty for a child guilty of murder was 10 years imprisonment, with the possibility of life imprisonment in the crime was particularly heinous.  

Manslaughter

A young person found guilty of manslaughter now faces a maximum penalty of life imprisonment.

Unlawful striking causing death

A young person found guilty of unlawful striking causing death will now be liable to a maximum penalty of life imprisonment with a minimum non-parole period of 15 years, or 80% of the sentence imposed (whichever is lesser). Previously, the maximum penalty for a child found guilty of this offence was 10 years imprisonment.

Grievous bodily harm

A young person found guilty of grievous bodily harm under section 320 of the Criminal Code Act 1899 will now face a maximum penalty of 14 years imprisonment, whereas previously the maximum penalty that applied for a youth for this offence was seven years imprisonment.

Wounding and serious assault

A young person found guilty of wounding or serious assault will now face the same maximum penalty of seven years imprisonment as an adult found guilty of this offence, whereas previously the maximum penalty that applied was 3.5 years.

The maximum penalty for wounding is set out in section 323 of the Criminal Code Act 1899.

Dangerous operation of a vehicle

 A young person guilty of dangerous operation of a vehicle now faces a maximum penalty of 3.35 years imprisonment, or a fine of 200 penalty units, whereas previously the maximum was 1.5 years.

Dangerous operation of a vehicle causing death or grievous harm

A young person found guilty of this offence will now face mandatory detention with a maximum term of 20 years, whereas the previous maximum penalty was seven years imprisonment.

Robbery

A young person found guilty of robbery under section 409 of the Criminal Code Act 1899 now faces the adult maximum penalty of 14 years. This penalty is set out in section 411 of the Criminal Code Act 1899.

The previous maximum penalty for a child found guilty of robbery was seven years imprisonment.

Burglary

A young person guilty of burglary under section 419 of the Criminal Code Act 1899 now faces the adult maximum penalty of 14 years imprisonment. Previously, a maximum penalty of seven years imprisonment applied to a young person guilty of this offence.

Unlawful use of vehicle, vessel or aircraft

A young person guilty of this offence will now face a maximum penalty of 10 years imprisonment. Previously, the maximum penalty that applied was five years where a judge imposed the sentence or one year if the matter was dealt with by a magistrate.

Responses to the ‘adult crime, adult time’ changes

The government says that the changes have been made in response to community outrage over serious crimes being committed by young people and the perception that court were ‘soft’ on young offenders.

Critics of the changes argue that more punitive sentencing regimes increase crime rates rather than acting as a deterrent. Furthermore, data from the Australia Bureau of Statistics indicates that youth crime rates in Queensland have declined, and not risen, in recent years.

The changes have also been widely criticised for violating human rights norms and international law.

If you require legal advice or representation in relation to a criminal matter or any other legal matter, please contact Go To Court Lawyers.