Adult Time for Violent Crime (Vic)
The Victorian government this week announced that it is proposing to reform the state’s youth justice laws. The new laws, if passed, will allow courts to sentence children over 14 as adults if they have been found guilty of serious offences. This will mean that these young offenders will be more likely to receive custodial sentences, and longer sentences, including life imprisonment. This page outlines the proposed changes to Victoria’s youth justice laws.
What is proposed?
Under the proposed changes, a young person aged 14 or over will be tried in the County Court, rather than in the Children’s Court, if they are facing any of eight listed serious offences involving violence.
This means that a young person who is found guilty of any of these offences will face a much more severe maximum penalty. For example, a young person who has been found guilty of aggravated home invasion will face a maximum penalty of 25 years of imprisonment, and a young person found guilty of intentionally causing serious injury through gross violence or a maximum penalty of 20 years of imprisonment.
In the past, young persons charged with these offences have been dealt with in the Children’s Court where the maximum penalty that can be imposed for a single offence is three years of imprisonment or detention.
Under the changes, a young person who pleads not guilty to any of these offences will be tried by a jury, which rarely occurs under the youth justice laws as they currently stand.
Which crimes are included?
The following offences will be tried in the County Court, even when the accused is a young person aged over 14:
- Aggravated home invasion
- Home invasion
- Intentionally causing injury in circumstances of gross violence
- Recklessly causing injury in circumstances of gross violence
- Aggravated carjacking
- Carjacking
- Aggravated burglary (serious and repeated)
- Armed robbery (serious and repeated)
However, the offence of aggravated carjacking may be kept in the Children’s Court if there are substantial and compelling reasons.
Children aged 14
Under the proposed changes, a 14-year-old who is charged with one of the above offences may be excluded from the ‘adult time for violent crime’ regime if there are substantial and compelling circumstances —for example, if the young person has a cognitive impairment. If a matter is excluded from the new system, it will remain in the Children’s Court.
Changes to sentencing principles
The state government is also proposing to overhaul the principles that apply when a young person is sentenced in the Victorian Children’s Court.
These principles, as they currently stand, are set out in the Youth Justice Act 2024. They are that:
- a sentence imposed on a young person should give the highest priority to the rehabilitation and positive development of the young person;
- a sentence imposed on a young person should protect the community from further offending by the young person;
- that a sentence imposed on a young person should be tailored to the specific circumstances of the young person and recognise their vulnerabilities and strengths;
- that a sentence imposed on a young person ensures that the young person is aware that they are responsible for their actions;
- that a sentence imposed on a young person should recognise the harm caused by the offence on victims, and provide opportunities for the young person to make amends for that harm;
- that a sentence imposed on a young person should be the minimum intervention required in the circumstances, with a custodial sentence imposed only as a last resort.
The Victorian government is proposing to change these principles so that the Children’s Court must do the following when sentencing a young person:
- prioritise community safety
- recognise the harm caused by the offence on victims, and provide opportunities for the young person to make amends;
- abolish the principle that a custodial sentence should only be imposed as last resort.
The government has stated that these changes are needed to ensure that teenagers who commit brazen and violent crimes are met with serious consequences.
Responses to the proposal
The proposed changes to Victoria’s youth justice laws represent a broader trend towards more punitive sentencing of young offenders across Australia.
The move has been criticised by the legal profession, the community sector, and the academic sector, with many experts feeling that custodial sentences for young people are counter-productive and likely to lead to higher rates of reoffending.
Concerns have also been expressed that the new laws will disproportionately impact disadvantaged groups such as indigenous youth, and are contrary to international human rights principles, such as the principle that the detention of children should be a last resort.
The Liberal opposition also criticised the announcement, saying the proposed changes do not go far enough and are inconsistent with the previous actions by this government.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.