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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
Young offenders aged between 10 and 18 can be held in detention in Queensland if they are found guilty of an offence and sentenced to detention, or if they are remanded in custody. This page outlines the law on youth detention in Queensland, including recent changes.
Detention no longer a last resort
In the past, an important principle of youth justice law in Queensland was that a young person was only to be placed in detention as a last resort. This meant that a term of detention would only be imposed if no other sentencing options were appropriate.
During 2024, the Queensland government passed the Making Queensland Safer Bill, which abolished the principle that detention is a last resort. This means that sentencing courts no longer have to regard detention as a last resort, and a young person may now be sentenced to detention even where other penalties would be adequate.
Conditions in detention
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.
There are two youth detention centres in Queensland, the Brisbane Youth Detention Centre in Wacol and the Cleveland Youth Detention Centre in Townsville.
Turning 18 in detention
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.
Making a complaint
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.
A young person who has been released from detention can make a complaint about something that occurred while they were in detention.
Complaints can be made to the Department of Youth Justice in person, by phone or online.
2024 reforms
In 2024, the Queensland government passed sweeping amendments to the Youth Justice Act 1992 in pursuit of its ‘adult crime, adult time’ policy. These changes included removing the principle that detention of a young person is a last resort.
The changes 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 mandatory minimum penalties as adults.
A court sentencing a child for one of these offences no longer has the discretion to impose a lesser sentence than the mandatory minimum penalty that applies to an adult convicted of the offence.
This means that many children found guilty of serious offences will now be sentenced to lengthy terms of detention or imprisonment. 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.
faqs: - question: 'What happens if a young person turns 18 while serving a custodial sentence in Queensland?' answer: 'Young people who turn 18 while serving a custodial sentence will be transferred from the youth detention centre to an adult correctional facility. This transfer occurs automatically upon reaching adulthood, regardless of how much time remains on their sentence. The transfer ensures they are housed with age-appropriate inmates and receive adult correctional services rather than youth-focused rehabilitation programs.' - question: 'Can Queensland courts now sentence young offenders to detention even if other penalties would be adequate?' answer: 'Yes, Queensland courts can now sentence young offenders to detention even when other penalties would be adequate. The Making Queensland Safer Bill passed in 2024 abolished the principle that detention should be a last resort for young people. This significant legislative change means judges no longer must exhaust all other sentencing options before imposing detention on youth offenders aged 10-18.' - question: 'How much does it cost to get legal advice about youth detention matters in Queensland?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 for legal advice regarding youth detention matters in Queensland. This consultation allows you to discuss your specific situation with an experienced criminal lawyer who can explain the charges, potential penalties, and available defence options. The fixed fee provides certainty about costs and ensures you receive professional legal guidance without unexpected expenses.' - question: 'How can a criminal lawyer help with youth detention cases in Queensland?' answer: 'A criminal lawyer can help by developing defence strategies to avoid detention, negotiating with prosecutors for alternative penalties, and representing young offenders in court proceedings. They can challenge evidence, argue for reduced charges, and present mitigating circumstances to minimize sentences. Lawyers also assist with bail applications to prevent remand in custody and ensure young clients understand their rights throughout the legal process.' - question: 'Are there urgent time limits that apply to youth detention matters in Queensland?' answer: 'Yes, urgent time limits apply, particularly for bail applications which should be made immediately after arrest to avoid remand in youth detention. Court appearances have strict deadlines that must be met, and appeals against detention sentences have limited timeframes. Early legal intervention is crucial as it allows more time to prepare defence strategies and potentially avoid detention through negotiated outcomes or alternative sentencing options.' ---Need a Criminal Law lawyer in QLD?
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