By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 15 April 2026.
Key points
- The minimum age of criminal responsibility in Victoria is 12. A child under 12 cannot commit an offence.
- Children of 12 or 13 are presumed unable to commit an offence unless the prosecution proves, beyond reasonable doubt, that the child knew what they did was seriously wrong.
- That knowledge cannot be inferred just from the fact that the child did it.
- Police must weigh the evidence on that question, and the child's age, maturity, development, disability or mental illness, before charging a 12 or 13 year old, and must record their reasons.
- From 14, there is no age presumption.
- The law is in the Youth Justice Act 2024, in operation since 30 September 2025.
- For advice if a child has been contacted by police or charged, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Victoria for a fixed $295.
The minimum age of criminal responsibility in Victoria is 12: under section 10 of the Youth Justice Act 2024, it is conclusively presumed that a child under 12 cannot commit an offence. A child of 12 or 13 is presumed unable to commit an offence unless the prosecution proves beyond reasonable doubt that the child knew at the time that their conduct was seriously wrong, which cannot be inferred merely from the conduct itself.
Checked on 23 October 2026 against the Youth Justice Act 2024 (Vic).
The age of criminal responsibility in Victoria
| Age when the act happened | Criminal responsibility in Victoria |
|---|---|
| Under 12 | Cannot commit an offence. The law conclusively presumes this, so a child under 12 cannot be found guilty of any offence. |
| 12 or 13 | Presumed unable to commit an offence, unless the prosecution proves beyond reasonable doubt that the child knew at the time that what they did was seriously wrong. |
| 14 and over | No presumption about age: the prosecution must prove the offence in the usual way. |
These rules are in sections 10 and 11 of the Youth Justice Act 2024, which came into operation on 30 September 2025. Other Victorian laws, such as the Crimes Act 1958, point to them in their notes.
Children aged 12 or 13
- The test: the prosecution must prove beyond reasonable doubt that the child knew, when they did it, that their conduct was seriously wrong in a moral sense.
- Not from the act alone: that knowledge cannot be inferred merely from the fact that the child did the thing that makes up the offence. It is a question of fact, decided on the evidence about that child.
- Before police charge: police must consider whether there appears to be admissible evidence to prove that knowledge, and, as far as practicable, the child's age, maturity and stage of development, any disability or mental illness, any earlier decision about whether the child could be held criminally responsible, and anything else relevant. If they charge, they must record their reasons and file them with the charge.
- Review by the prosecutor: where a summary case is started in the Children's Court for an indictable offence allegedly committed at 12 or 13, the prosecutor must review the charge (except in cases run by the Director of Public Prosecutions).
- The older common law rules about children's criminal responsibility still apply, but the Act prevails if they conflict.
What this means in practice
- The child's age at the time of the act is what matters, not their age when police investigate or the case reaches court.
- Parents and carers: if police contact a child of 12 or 13 about an offence, get legal advice before any interview. Whether the child knew the conduct was seriously wrong is often the central question in the case.
- Other states: each state and territory sets its own minimum age, so check the law where the conduct happened.
Free legal help in Victoria
| Service | Number | Hours |
|---|---|---|
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise a child and their family before a police interview, and argue whether the prosecution can prove that a 12 or 13 year old knew their conduct was seriously wrong. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Youth Justice Act 2024 (Vic), version 009, sections 10 to 13 and the endnotes on commencement, on 23 October 2026.