Minimum Age of Criminal Responsibility

Front view of police officer's vest standing in front of a youth with long brown hair

From 1 July 2025, the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 came into effect in the ACT. This law raises the minimum age of criminal responsibility from 12 to 14 years.

This means:

children 10 years and over can still be charged with Commonwealth offences
children under 14 generally cannot be charged with a crime
for children aged 12 and 13, exceptions apply only for the most serious offences:
- murder
- intentionally inflicting grievous bodily harm
- sexual assault in the first degree
- act of indecency in the first degree

Even in serious cases, the legal principle of 'doli incapax' still applies. This means a child under 14 is presumed not to understand that their actions were seriously wrong. This can be challenged in court if necessary.

This reform addresses the underlying causes of harmful behaviour for young people and aims to divert them away from the criminal justice system.

A New Approach to Youth Justice

This reform is led by the ACT Government and marks a major shift in how the ACT supports young people who engage in harmful or risky behaviour. Instead of entering the criminal justice system, most children under 14 will be referred to therapeutic support services that address the root causes of their behaviour.

ACT Policing will still respond to all incidents, regardless of the child’s age. After ensuring safety and assessing the situation, police will decide the best course of action, taking the new age limit into account.

Changes to Police Powers

Alongside the raising of the minimum age of criminal responsibility, the Crimes Legislation Amendment Act 2025 introduces important changes to how police can use their powers with children under 14 years.

Starting 1 July 2025, police will face stricter limits when dealing with children under 14. The most significant change is the introduction of a “seriousness threshold.” This means that before stopping, searching, or detaining a young person without a warrant, police must consider how serious the situation is—especially if they cannot form the requisite belief the person is 14 years or older.

In addition, the legal standard for using these powers has been raised. For children under 14, police must now have a belief based on reasonable grounds, rather than just a reasonable suspicion, before they can engage a stop, search, or detain power.

According to the Explanatory Statement, the ACT Government introduced this new legal framework to make sure police powers are used in a way that is necessary, proportionate and well-adapted. The goal is to reduce unnecessary contact between young people under 14 and the criminal justice system, while still protecting community safety and public order.

The goal is to reduce unnecessary contact between young people under 14 and the criminal justice system, while still protecting community safety and public order.

New Rules for Search Warrants

The new laws also introduce additional safeguards when police apply for a search warrant under the Crimes Act 1900:

if the officer knows or suspects that a child under 14 may be searched or present at the location, they must inform the issuing officer
the issuing officer can then choose to require the police to notify either:
- the Aboriginal and Torres Strait Islander Children and Young People Commissioner, or
- the Public Advocate

These steps help ensure that the rights and wellbeing of young people are considered before a search warrant is executed.

Supporting Young People with Wrap-Around Services

The success of this reform depends on strong partnerships between ACT Policing and a range of support services. ACT Policing is working closely with:

the Safer Youth Response Service (SYRS)
Children, Youth and Families
a dedicated Therapeutic Support Panel (TSP)
other ACT Government directorates and external service providers

Together these services will work together to ensure support is available for young people and that all necessary procedures and referral pathways are in place to prevent any child from falling through the cracks.

Children and young people will continue to be held accountable, through developmentally and culturally appropriate restorative practices, such as victim harm statements and restorative justice conferencing, helping them understand the impact of their actions and reducing the likelihood of repeating the harmful behaviours.

Support for Victims

Support for victims of crime remains unchanged. If there are immediate concerns about the harmful behaviour of a child or young person, ACT Policing remains the first point of contact for help. ACT Policing continues to provide care and support to all victims, regardless of the age of the person responsible.

Victims’ rights are also protected, with opportunities to meet with the Therapeutic Support Panel, share their experiences, and access support services like those available in the criminal justice system.

Victims who are affected by the harmful behaviour of a child or young person under the age of 14 are able to make a harm statement to the Therapeutic Support Panel and ask whether a referral for restorative justice can be made (where the child or young person who caused the harm is at least 10 years old). Victims may also be eligible for free counselling support and financial payments to help address or recognise the harm that has been caused

Victims can find further information about support services and how to make a harm statement at ACT Policing Victims of Crime and through Victims Support ACT.

Minimum Age of Criminal Responsibility