Police Powers and Young People (ACT)

In the ACT, the age of criminal liability is 12. This means that a person over 12 can be arrested, charged with an offence and tried in a court. The police have a range of powers and responsibilities when interviewing, arresting, searching and detaining suspects and there are some additional rules that must be adhered to when dealing with a suspect who is below the age of 18. This page deals with police powers and young people in the ACT.

Legislation

The powers and responsibilities of police when dealing with young people are set out in the Crimes Act 1900 and in the Children and Young People Act 2008.

Age of criminal responsibility

Prior to 2023, the ACT had a minimum age of criminal responsibility of 10. This was raised to 12 in 2023 by the passage of the Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023. In 2025, the age will be raised to 14.

The changes have been made in response to widespread concern about young children being exposed to the justice system including punitive sentences such as detention. The changes aim to promote the provision of therapeutic services to young children who engage in harmful behaviours, so that a young person is supported to become a law-abiding member of society.  

Police searches and young people

In the ACT, police may stop and search a person if they have suspect on reasonable grounds that:

• the person has something in their possession that is stolen or that is relevant to a serious offence; and
•  it is necessary to prevent the thing being concealed or destroyed; and
• It is necessary to exercise a power without a search warrant because the circumstances are urgent.

These powers are contained in section 207 of the Crimes Act 1900.

A young person who is stopped and searched under this provision should comply with the search and provide their name and address if asked. They do not have to answer any other questions.

Police interviews and young people

If the police suspect that a young person has been involved in an offence, they may ask them to take part in an interview. The police must advise the young person that they do not have to take part in an interview and that anything they say may be used as evidence against them. This information must be given in a way that the young person can understand.

The police must not attempt to interview a young person without a parent, guardian, lawyer or other person who is acceptable to the young person present.

Arrests and young people

The police may arrest a young person if they have reasonable grounds to believe that they are committing or have committed an offence and it is not reasonable in the circumstances to deal with the matter by summons.

The police may use reasonable force to carry out an arrest. The level of force that is reasonable depends on the circumstances, including whether the suspect resists arrest, whether they are armed and whether they behave in a threatening manner.

When a young person is taken into custody, the police must try to inform their parent or guardian. If the young person is charged with an offence, a responsible adult must also be informed of this as soon as possible.

Police powers and forensic samples

If the ACT police want to take a forensic sample from a young person, they must obtain a court order.

Diversion

In some cases, when a young person commits an offence in the ACT, the matter may be dealt with outside of the court system. This may include giving the youth a caution or a warning instead of laying a charge.

In some cases, where a charge is laid, the prosecution may consent to the matter being dealt with by way of a youth diversionary program. This is a program that encourages the young person to take responsibility for their actions but does not involve a criminal penalty.

In the ACT, young offenders who get into trouble related to underage drinking may be recommended for participation in the Youth Alcohol Diversion Program, which intervention and education about the use of alcohol to young people.

A young person who engages in illicit drug use may be recommended for the Illicit Drug Diversion Program, which collects data on drug use and encourages young drug users to access health services.  

Diversionary programs are more likely to be recommended for young people who have not been in criminal trouble previously.

Children’s Court

If a young person is charged with an offence and is not dealt with by way of diversion, they will proceed to the Children’s Court, where they may plead guilty or contest the charge. If the charge is for a very serious offence, the matter may have to be committed to a higher court for finalisation. However, the vast majority of criminal matters where the accused is under 18 are dealt with in the Children’s Court/

The Children’s Court has the power to impose a range of penalties including terms of detention, fines, community service orders and good behaviour bonds.

A young person must be accompanied by a responsible adult when they attend court for a criminal matter.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.