Home Criminal Law Queensland Sentencing Youth Detention (Qld)

Youth Detention (Qld)

Fernanda Dahlstrom

Youth Detention (Qld)

Young offenders aged between 10 and 18 can be held in detention if they are found guilty of an offence or remanded in custody. There are two youth detention centres in Queensland, the Brisbane Youth Detention Centre in Wacol and the Cleveland Youth Detention Centre in Townsville.

When a young offender is held in detention, they are provided with educational and medical services and are allowed to make phone calls and send letters. Family, friends and professionals may visit young people in youth detention, but visits must be arranged in advance. Visits are permitted every day of the week, during specified hours.

Alternatives to youth detention

Non-custodial sentences for juveniles include Good Behaviour Bonds, fines and community-based orders. However, following the passage of the Making Queensland Safer Bill in 2024, courts are no longer limited to imposing terms of detention on young people only as a last resort.

Age of criminal liability

A child under 10 cannot be charged with an offence in Queensland.

Turning 18

If a young person turns 18 while serving a custodial sentence, they will be transferred from the youth detention centre to an adult prison. However, this will not occur if they have less than six months left to serve after their eighteenth birthday.

If a young person is in youth detention on remand when they turn 18, they will remain in youth detention until they are sentenced or the charge is dismissed.

Prior to 2018, Queensland law permitted 17-year-olds to be imprisoned in adult correctional facilities. In February 2018, the law changed, requiring 17-year-olds to be detained in youth detention centres. 17-year-olds who were in adult prison at that time were transferred into youth detention.

Human rights

Australia does not have a bill of rights but is a signatory to the Convention of the Rights of the Child, which sets out the entitlements of children, including the right to privacy, freedom of religion and the right of a child not to be separated from its parents.

Children in youth detention must not be treated adversely because of their race, religion, gender, sexuality or disability.

Children in detention must be allowed to see a doctor, nurse or mental health professional when they need to. They must be given the opportunity to go to school or complete training while in detention and to participate in programs to help with their rehabilitation.

Complaints

A child in detention or the parent of a child in detention can make a complaint about something that has happened while the child has been in detention. A complaint can also be made about a particular staff member or about another young person in detention. Complaints can be made in person, by phone or by filling out a complaint form.

A young person who has been released from detention can make a complaint about something that occurred while they were in detention.

Law reform

In 2024, the Queensland government passed sweeping amendments to the Youth Justice Act 1992 in pursuit of its ‘adult crime, adult time’ policy.

The changes include permitting courts to impose sentences of detention even where it is not a matter of last resort and removing the principle that sentencing orders that allow a young person to remain in the community are preferable.

The changes have also introduced a sentencing regime where children found guilty of a range of serious offences including murder, manslaughter, wounding, grievous bodily harm and robbery will be subject to the same penalties as adults. Mandatory sentencing regimes for these offences now also apply to children. For example, a child found guilty of murder will now face a mandatory life sentence.

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

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.

Fernanda Dahlstrom

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Home Criminal Law Queensland Sentencing Youth Detention (Qld)

Fernanda Dahlstrom

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Fernanda Dahlstrom

Youth Detention (Qld)

Alternatives to youth detention

Age of criminal liability

Turning 18

Human rights

Complaints

Law reform

Fernanda Dahlstrom

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Fernanda Dahlstrom

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