How does sentencing in the Children’s Court work?
The Children’s Court sentences young people very differently from the way adults are sentenced, because its guiding purpose is rehabilitation rather than punishment. The law directs the court to use the least restrictive option that suits the young person and the offence, to keep children connected to family, education, and community, and to treat detention as a last resort. That philosophy shapes every option on the scale. Because the process that leads to sentencing mirrors the adult system in its broad stages, our guide on what happens after being charged gives useful background on how a matter reaches court.
Sentencing only happens once a charge is either admitted or proven, so the plea decision comes first. A young person who accepts responsibility moves toward a plea and sentence, while one who contests the charge has a hearing, and the difference between those two paths is significant, much as it is for adults facing a choice between a sentencing hearing and a trial.
For parents, the experience can be bewildering, because the Children’s Court has its own culture, language, and expectations. Understanding how the court works, and what it is trying to achieve, makes a real difference to how a family engages with it, which is why our Children’s Court parent’s guide is a useful companion to this article.
What is the minimum age of criminal responsibility now?
A child must be at least 12 years old to be charged with a criminal offence in Victoria. The minimum age was raised from 10 to 12, taking effect on 30 September 2025 under the Youth Justice Act 2024, so a child under 12 cannot be criminally responsible at all.
For children aged 12 and 13, a further protection called doli incapax applies. The law presumes a child of that age does not fully understand that their conduct was seriously wrong, and the prosecution must rebut that presumption with evidence before the child can be found guilty. This is one of several ways the Children’s Court of Victoria treats younger children differently, reflecting their age and stage of development.
What are the sentencing options, from least to most serious?
The Children’s Court works from a clear hierarchy of orders, and it must start at the least restrictive end and only move up where the option below is not enough. The Sentencing Advisory Council sets out the full range for children and young people. The table below lists the main options from least to most serious.
| Sentencing option | What it involves | Where it sits |
| Dismissal | The charge is dismissed, with or without a finding | Least serious |
| Good behaviour bond / undertaking | A promise to be of good behaviour, sometimes with conditions | Low |
| Fine | A monetary penalty, used sparingly for young people | Low |
| Probation | Community supervision with conditions | Community |
| Youth supervision order | More intensive community supervision | Community |
| Youth attendance order | Structured attendance, a direct alternative to detention | High community |
| Youth control order | Intensive, closely monitored supervision | High community |
| Youth residential / youth justice centre order | Detention, the last resort | Most serious |
Youth diversion sits alongside this list rather than on it, because it is a way of resolving a matter without a sentence at all. The court is required to consider the least restrictive appropriate order, so the mere fact that a serious option exists does not mean it will be used.
What community-based orders can the court impose?
Between the lighter penalties and detention sits a group of community-based orders that do the heavy lifting in youth justice. Probation is usually the entry point, involving supervision and conditions for a first or second matter, while a youth supervision order is more intensive and is used for repeat or more serious offending. You can see how we assist families across these matters on our page dealing with youth and Children’s Court matters.
At the more serious end of the community range are the youth attendance order, which is a direct alternative to detention, and the newer youth control order introduced by recent reforms, which provides intensive and closely monitored supervision. These orders are supervised in the community by youth justice workers, and the Department of Justice and Community Safety explains how community supervision operates in practice. The aim throughout is to address the causes of offending while keeping the young person out of custody.
When does the Children’s Court order detention?
Detention is the most serious sentence and the law treats it as a genuine last resort, used only where no other option is adequate. There are two custodial orders, and which one applies depends on the young person’s age. According to the Sentencing Advisory Council, a child under 15 can be detained in a youth residential centre for up to 1 year for a single offence or 2 years for multiple offences, while a young person aged 15 or over can be detained in a youth justice centre for up to 3 years for a single offence or 4 years for multiple offences in the Children’s Court.
Even where detention is on the table, the question of custody often arises much earlier, at the bail stage, because a young person may be remanded before their matter is finalised. Avoiding unnecessary time in custody is a major focus, and our guide on bail for young people explains how that works. The overarching principle is that detaining a child is a measure of last resort, for the shortest appropriate time.
Does a young person get a criminal record?
Not always, and the Children’s Court has more flexibility than adult courts to avoid one. Many orders can be made with or without recording a conviction, and for a young person a finding without conviction is a common and deliberate outcome, because a criminal record can do lasting damage to education and employment prospects.
Youth diversion goes further still, because a matter resolved through diversion is dealt with without any finding of guilt, so there is no conviction to record. Whether a conviction is recorded, and how a youth record is later treated, depends on the order made and the young person’s age, so it is an issue worth raising specifically rather than assuming the worst.
What is youth diversion, and how does it help?
Youth diversion is one of the most valuable options in the whole system, because it allows a suitable matter to be resolved without a finding of guilt. Instead of being sentenced, the young person completes conditions designed to address their behaviour, and if they succeed the charge does not result in a conviction. It recognises that many young people make a single mistake and should not carry it for life.
Diversion is not available for every charge, and suitability is assessed early, which is why timing matters so much. A young person who engages constructively, takes responsibility, and has the right support around them is far more likely to be considered suitable. Getting advice before the first hearing gives the best chance of putting diversion genuinely on the table, rather than discovering the opportunity has passed.
