Age of Criminal Liability (ACT)
The age of criminal responsibility is the minimum age at which a person can be charged and found guilty of a criminal offence. In 2025, the ACT raised the age of criminal liability to 14. This means that a child younger than 14 cannot be charged with a criminal offence. However, there are some exceptions. This page deals with the age of criminal liability in the ACT.
History of the age of criminal liability
The age of criminal liability was 10 in the ACT until 2023.
On 22 November 2023, the age was raised to 12, with the government committing to further raise the age to 14 in 2025.
On 1 July 2025, the age of criminal responsibility in the ACT became 14.
Raise the age campaign
Historically, the age of criminal liability was 10 in all states and territories of Australia. In 2018, a campaign started to raise the age of criminal liability to 16.
Supporters of raising the age argued that young children were not mature and developed enough to be held responsible for their actions under the criminal law. Having a low age of criminal responsibility meant that young children were criminalised and incarcerated, rather than supported to develop into law-abiding citizens. This led to worse educational and employment outcomes and a higher chance they would come back into the justice system later in life.
Advocates of raising the age argued that young children who misbehave should be dealt with informally by parents and teachers, provided with counselling and other support, and assisted to correct their behaviour without the involvement of the courts.
Starting in 2020, the governments of several states and territories have passed legislation to raise the age, recognising that this was likely to lead to better outcomes for disadvantaged communities. In 2020, the ACT government committed in principle to raising the age in two stages.
Children under 14
A child younger than 14 can no longer be arrested, summoned, charged or found guilty of criminal offences under ACT law.
However, there are exceptions in relation to four serious violent offences when committed by 12- and 13-year-olds. When a child who is 12 or 13 is alleged to have committed murder, grievous bodily harm, sexual assault, or an act of indecency in the first degree, they may still be charged with the offence.
A child over 10 and under 14 can still be charged with a Commonwealth criminal offence in the ACT.
A court may only find a child under 14 guilty of an offence if there is evidence that they knew that their actions were seriously wrong. This is doctrine known as the doli incapax, or ‘incapable of evil’ rule.
Doli incapax
If a child under 14 is charged with an offence, the prosecution must adduce evidence that the child knew the difference between right and wrong. In the absence of such evidence, the court must acquit the child.
This rule is based on a presumption that children under 14 are doli incapax, or incapable of evil unless proved otherwise. This doctrine exists to ensure that young children are not criminalised unless they were capable of forming a criminal intention and understood that their actions were legally wrong – as opposed to merely naughty.
Prosecution of young persons
When a young person is charged with criminal offences in the ACT, the matter will commence in the Children’s Court. Most criminal matters where the accused is under 18 are also finalised in the Children’s Court. However, very serious indictable matters must be committed to the Supreme Court for finalisation.
When a young person is found guilty of an offence, the court can impose a range of sentencing orders including good behaviour orders, fines, community-based sentences and terms of detention.
The court may also record a conviction against a young person.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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.