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Melbourne Criminal Defence Lawyers
Defence for children and young people aged 10 to 17 charged with criminal offences in Victoria. Lauren Tye has extensive experience in youth justice and represents young clients in the Children’s Court across Victoria.
Free initial consultation. Confidential advice. Available 24/7.
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Years Criminal Defence Experience
The Children’s Court deals with criminal matters for young people aged 10 to 17 at the time of the alleged offence. The youth justice system is designed to focus on rehabilitation not just punishment.
Early advice can affect whether the matter is diverted, what charges are laid, bail, the negotiations with police and prosecutors, and the final outcome — including whether a finding of guilt or conviction is recorded.
Lauren Tye is admitted in Victoria and South Australia and has achieved the best outcome for all of the children she has represented since opening her firm in 2021.
Lauren Tye has represented young people charged with the most serious of criminal offences in the Children’s Court, including intentionally causing serious injury, theft of motor vehicles, burglary, robbery, drug offences, public order offences and family violence-related matters.
At Lauren Tye Legal we are committed to providing the highest standard of care to our young clients. We also provide our clients and their family with guidance on where to receive further support such as age appropriate drug and alcohol counselling.
Defence for common assault, recklessly or intentionally causing injury, affray, threats and assault police allegations.
Representation for theft, shop theft, burglary, aggravated burglary, robbery, armed robbery and theft of motor vehicle allegations.
Advice and defence for possession, use, cultivation and trafficking charges, with a focus on diversion, treatment and rehabilitation where appropriate.
Representation for theft of motor vehicle, dangerous driving, carjacking and aggravated carjacking allegations involving young drivers or passengers.
Defence for controlled weapon, prohibited weapon, knife and dangerous article charges.
Urgent help with bail applications, bail breaches, intervention order breaches and breaches of youth justice orders.
How a young person’s age, at the time of the offence and at the time proceedings start, determines criminal responsibility and which court hears the matter.
Not criminally responsible in Victoria.
Rebuttable presumption of incapacity (doli incapax) — prosecution must prove the child knew the act was seriously wrong.
Ordinary youth criminal responsibility; generally Children’s Court jurisdiction unless excluded or uplifted.
Generally remain in the Children’s Court.
Generally listed in the Magistrates’ Court.
Separate Commonwealth age rules apply.
Source: Children, Youth and Families Act 2005 (Vic) and the Crimes Act 1958 (Vic). General information only — contact Lauren for advice on your specific matter.
Adult maximum penalties are shown for context only, youth outcomes in the Children’s Court are usually significantly lower and focused on rehabilitation. The fourth column sets out practical notes on each charge.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Common Victorian Offences — Assault & Public Order | |||
| Common assault | Summary Offences Act 1966 (Vic), s 23 | 15 PU or 3 months | Common lower-level assault charge |
| Recklessly cause injury | Crimes Act 1958 (Vic), s 18 | 5 years (adult max) | Common indictable injury charge |
| Intentionally cause injury | Crimes Act 1958 (Vic), s 18 | 10 years (adult max) | More serious injury charge |
| Affray | Crimes Act 1958 (Vic), s 195H | 5 years; 7 years if wearing a relevant face covering | Common group violence charge |
| Threats to kill | Crimes Act 1958 (Vic), s 20 | 10 years (adult max) | Serious threat charge |
| Stalking | Crimes Act 1958 (Vic), s 21A | 10 years (adult max) | Physical, online or repeated conduct |
| Assault, resist, obstruct, hinder or delay police / emergency worker | Summary Offences Act 1966 (Vic), s 51 | 60 PU or 6 months | Use precise subsection from charge sheet |
| Common Victorian Offences — Property, Robbery & Serious Indictable | |||
| Theft | Crimes Act 1958 (Vic), s 74 | 10 years (adult max) | Shop theft, phone theft, vehicle items |
| Burglary | Crimes Act 1958 (Vic), s 76 | 10 years (adult max) | Entry as trespasser with intent |
| Criminal damage / destroy property | Crimes Act 1958 (Vic), s 197 | 10 years; 15 years if intending to endanger life | Homes, vehicles, schools, public property |
| Robbery | Crimes Act 1958 (Vic), s 75 | 15 years (adult max) | Street robbery, phone robbery |
| Armed robbery | Crimes Act 1958 (Vic), s 75A | 25 years (adult max) | Uplift risk to higher court |
| Aggravated burglary | Crimes Act 1958 (Vic), s 77 | 25 years (adult max) | Uplift risk depending on facts |
| Home invasion | Crimes Act 1958 (Vic), s 77A | 25 years (adult max) | 2025 serious-youth reform risk |
| Aggravated home invasion | Crimes Act 1958 (Vic), s 77B | Life imprisonment | High uplift risk |
| Carjacking | Crimes Act 1958 (Vic), s 79 | 15 years (adult max) | 2025 reform relevance |
| Aggravated carjacking | Crimes Act 1958 (Vic), s 79A | Life imprisonment | High uplift risk |
| Common Victorian Offences — Graffiti, Drugs, Weapons, Traffic & Other | |||
| Mark graffiti | Graffiti Prevention Act 2007 (Vic), s 5 | 2 years (adult max) | Common youth property charge |
| Possess graffiti implement | Graffiti Prevention Act 2007 (Vic), s 7 | 25 PU | Often charged with graffiti or public-place offending |
| Possess drug of dependence | Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 73 | Usually 30 PU or 1 year (personal use); 5 PU (small cannabis); up to 400 PU or 5 years in other cases | Check drug, quantity and purpose |
| Traffick drug of dependence | Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 71AC | 15 years (adult max) | Check aggravated or location-specific provisions |
| Possess / carry controlled weapon in public | Control of Weapons Act 1990 (Vic), s 6 | 120 PU or 1 year; up to 240 PU or 2 years in aggravated locations | Knife charges commonly fall here |
| Unlicensed driving | Road Safety Act 1986 (Vic), s 18 | Varies; serious forms up to 240 PU or 2 years | Identify precise subsection and licence history |
| Careless driving | Road Safety Act 1986 (Vic), s 65 | 12 PU first; 25 PU subsequent | Common driving charge |
| Dangerous driving | Road Safety Act 1986 (Vic) / Crimes Act 1958 (Vic) depending on facts | Varies | Use exact charge wording from charge sheet |
| Fare evasion / transport conduct offences | Transport (Compliance and Miscellaneous) Act 1983 (Vic) and regulations | Varies | Check infringement vs court pathway |
| Contravene family violence intervention order | Family Violence Protection Act 2008 (Vic), s 123 | 240 PU or 2 years (adult max) | Common breach charge |
| Commit indictable offence while on bail | Bail Act 1977 (Vic), s 30B | 30 PU or 3 months | May affect bail and sentencing |
Summary Offences Act 1966 (Vic), s 23
15 PU or 3 months
Common lower-level assault charge
Crimes Act 1958 (Vic), s 18
5 years (adult max)
Common indictable injury charge
Crimes Act 1958 (Vic), s 18
10 years (adult max)
More serious injury charge
Crimes Act 1958 (Vic), s 195H
5 years; 7 years if wearing a relevant face covering
Common group violence charge
Crimes Act 1958 (Vic), s 20
10 years (adult max)
Serious threat charge
Crimes Act 1958 (Vic), s 21A
10 years (adult max)
Physical, online or repeated conduct
Summary Offences Act 1966 (Vic), s 51
60 PU or 6 months
Use precise subsection from charge sheet
Crimes Act 1958 (Vic), s 74
10 years (adult max)
Shop theft, phone theft, vehicle items
Crimes Act 1958 (Vic), s 76
10 years (adult max)
Entry as trespasser with intent
Crimes Act 1958 (Vic), s 197
10 years; 15 years if intending to endanger life
Homes, vehicles, schools, public property
Crimes Act 1958 (Vic), s 75
15 years (adult max)
Street robbery, phone robbery
Crimes Act 1958 (Vic), s 75A
25 years (adult max)
Uplift risk to higher court
Crimes Act 1958 (Vic), s 77
25 years (adult max)
Uplift risk depending on facts
Crimes Act 1958 (Vic), s 77A
25 years (adult max)
2025 serious-youth reform risk
Crimes Act 1958 (Vic), s 77B
Life imprisonment
High uplift risk
Crimes Act 1958 (Vic), s 79
15 years (adult max)
2025 reform relevance
Crimes Act 1958 (Vic), s 79A
Life imprisonment
High uplift risk
Graffiti Prevention Act 2007 (Vic), s 5
2 years (adult max)
Common youth property charge
Graffiti Prevention Act 2007 (Vic), s 7
25 PU
Often charged with graffiti or public-place offending
Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 73
Usually 30 PU or 1 year (personal use); 5 PU (small cannabis); up to 400 PU or 5 years in other cases
Check drug, quantity and purpose
Drugs, Poisons and Controlled Substances Act 1981 (Vic), s 71AC
15 years (adult max)
Check aggravated or location-specific provisions
Control of Weapons Act 1990 (Vic), s 6
120 PU or 1 year; up to 240 PU or 2 years in aggravated locations
Knife charges commonly fall here
Road Safety Act 1986 (Vic), s 18
Varies; serious forms up to 240 PU or 2 years
Identify precise subsection and licence history
Road Safety Act 1986 (Vic), s 65
12 PU first; 25 PU subsequent
Common driving charge
Road Safety Act 1986 (Vic) / Crimes Act 1958 (Vic) depending on facts
Varies
Use exact charge wording from charge sheet
Transport (Compliance and Miscellaneous) Act 1983 (Vic) and regulations
Varies
Check infringement vs court pathway
Family Violence Protection Act 2008 (Vic), s 123
240 PU or 2 years (adult max)
Common breach charge
Bail Act 1977 (Vic), s 30B
30 PU or 3 months
May affect bail and sentencing
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Common Commonwealth Online Offences | |||
| Commonwealth penalty unit: $330. Dealt with under Victorian youth procedures via Crimes Act 1914 (Cth), s 20C. | |||
| Use carriage service to menace, harass or cause offence | Criminal Code (Cth), s 474.17 | 5 years | Texts, calls, social media, group chats |
| Use carriage service to threaten to kill | Criminal Code (Cth), s 474.15(1) | 10 years | Serious online or phone threat |
| Use carriage service to threaten serious harm | Criminal Code (Cth), s 474.15(2) | 7 years | Serious online or phone threat |
| Use carriage service for hoax threat | Criminal Code (Cth), s 474.16 | 10 years | School, bomb and public-place threats |
Commonwealth penalty unit: $330. Dealt with under Victorian youth procedures via Crimes Act 1914 (Cth), s 20C.
Criminal Code (Cth), s 474.17
5 years
Texts, calls, social media, group chats
Criminal Code (Cth), s 474.15(1)
10 years
Serious online or phone threat
Criminal Code (Cth), s 474.15(2)
7 years
Serious online or phone threat
Criminal Code (Cth), s 474.16
10 years
School, bomb and public-place threats
Maximum penalties are drawn from the Crimes Act 1958 (Vic), Summary Offences Act 1966 (Vic), Graffiti Prevention Act 2007 (Vic), Drugs, Poisons and Controlled Substances Act 1981 (Vic), Control of Weapons Act 1990 (Vic), Road Safety Act 1986 (Vic), Transport (Compliance and Miscellaneous) Act 1983 (Vic), Family Violence Protection Act 2008 (Vic), Bail Act 1977 (Vic) and the Criminal Code (Cth) (Authorised Versions). Adult maxima are shown for reference; sentencing in the Children’s Court applies the youth framework under CYFA 2005. Victorian PU = $203.51 (2025–26); Commonwealth PU = $330. This is general information only. Contact Lauren for advice on your specific matter.
Sentencing in the Children’s Court is governed by the Children, Youth and Families Act 2005 (Vic). The hierarchy runs from non-court outcomes and diversion through undertakings, fines and community orders to custodial orders as a last resort. The columns below show the relevant authority, the maximum or key limit, and practical notes.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Sentencing Orders & Diversion — Children, Youth and Families Act 2005 (Vic) | |||
| Youth warning / youth caution / police caution pathway | Youth justice / Victoria Police framework | Non-court outcome | No court finding; generally for lower-level offending |
| Children's Court Youth Diversion (CCYD) | CYFA 2005 (Vic), Pt 5.1A | Charge dismissed if completed | No finding of guilt if successfully completed |
| Group conference | CYFA 2005 (Vic), s 415 | Pre-sentence restorative process | May support rehabilitation and a less severe outcome |
| Dismissal without conviction | CYFA 2005 (Vic), s 360 | Immediate | Lowest formal outcome after a finding of guilt |
| Non-accountable undertaking | CYFA 2005 (Vic), s 363 | Up to 6 months; 12 months exceptional | With or without conditions |
| Accountable undertaking | CYFA 2005 (Vic), s 365 | Up to 6 months; 12 months exceptional | More structured; may include conditions |
| Good behaviour bond | CYFA 2005 (Vic), s 367 | Up to 12 months; 18 months exceptional | Conditions commonly attached |
| Fine | CYFA 2005 (Vic), s 373 | Under 15: 1 PU / offence, 2 PU aggregate; 15+: 5 PU / offence, 10 PU aggregate | Significantly lower than adult maximums |
| Probation | CYFA 2005 (Vic), s 380 | Up to 12 months; 18 months for serious offences | Requires child consent; cannot extend beyond age 21 |
| Youth supervision order | CYFA 2005 (Vic), s 387 | Up to 12 months; 18 months for serious offences | More intensive than probation |
| Youth attendance order | CYFA 2005 (Vic), s 397 | Up to 12 months | Available 15+; intensive attendance and supervision |
| Youth control order | CYFA 2005 (Vic), s 409B | Up to 12 months | Intensive community-based alternative to detention |
| Youth residential centre order | CYFA 2005 (Vic), ss 410–411 | Custodial; aggregate rules apply | Custodial order for younger children (under 15) |
| Youth justice centre order | CYFA 2005 (Vic), ss 412–413 | Custodial; aggregate rules apply | Custodial order for older children (15+) |
| Deferred sentence | CYFA 2005 (Vic), s 414 | Up to 4 months | Used to assess rehabilitation, treatment, compliance or supports |
| Breach / variation of order | CYFA 2005 (Vic), Pt 5.3 | Variation, cancellation or resentencing | Outcome depends on order type and breach |
Youth justice / Victoria Police framework
Non-court outcome
No court finding; generally for lower-level offending
CYFA 2005 (Vic), Pt 5.1A
Charge dismissed if completed
No finding of guilt if successfully completed
CYFA 2005 (Vic), s 415
Pre-sentence restorative process
May support rehabilitation and a less severe outcome
CYFA 2005 (Vic), s 360
Immediate
Lowest formal outcome after a finding of guilt
CYFA 2005 (Vic), s 363
Up to 6 months; 12 months exceptional
With or without conditions
CYFA 2005 (Vic), s 365
Up to 6 months; 12 months exceptional
More structured; may include conditions
CYFA 2005 (Vic), s 367
Up to 12 months; 18 months exceptional
Conditions commonly attached
CYFA 2005 (Vic), s 373
Under 15: 1 PU / offence, 2 PU aggregate; 15+: 5 PU / offence, 10 PU aggregate
Significantly lower than adult maximums
CYFA 2005 (Vic), s 380
Up to 12 months; 18 months for serious offences
Requires child consent; cannot extend beyond age 21
CYFA 2005 (Vic), s 387
Up to 12 months; 18 months for serious offences
More intensive than probation
CYFA 2005 (Vic), s 397
Up to 12 months
Available 15+; intensive attendance and supervision
CYFA 2005 (Vic), s 409B
Up to 12 months
Intensive community-based alternative to detention
CYFA 2005 (Vic), ss 410–411
Custodial; aggregate rules apply
Custodial order for younger children (under 15)
CYFA 2005 (Vic), ss 412–413
Custodial; aggregate rules apply
Custodial order for older children (15+)
CYFA 2005 (Vic), s 414
Up to 4 months
Used to assess rehabilitation, treatment, compliance or supports
CYFA 2005 (Vic), Pt 5.3
Variation, cancellation or resentencing
Outcome depends on order type and breach
Source: Children, Youth and Families Act 2005 (Vic) (Authorised Version). Victorian penalty unit (PU) = $203.51 for 2025–26. Detention is a sentence of last resort. This is general information only — contact Lauren for advice on a specific matter.
How Lauren Tye has defended young clients facing serious charges in the Children’s Court of Victoria.
Our 16-year-old client was charged with aggravated burglary and theft after an incident with co-accused. The prosecution opposed bail on the basis of seriousness and prior matters.
Lauren Tye prepared a detailed bail application supported by a bail support plan, family undertakings, school re-engagement and Youth Justice supervision and support.
Bail was granted. At sentence, the court accepted a youth supervision order with intensive case management. No period of detention was imposed.
Our 14-year-old client was charged with common assault and affray after an after-school altercation captured on phone footage.
Lauren Tye obtained the brief, prepared a diversion proposal addressing apologies, restorative steps, counselling and school engagement, and made submissions in support of CCYD eligibility.
The court agreed the matter was suitable for diversion. On completion of the diversion plan, the charges were dismissed with no finding of guilt and no record.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
If police want to interview your child, or your child has been charged, get legal advice before they answer questions. A young person should not be interviewed alone, a parent, guardian or independent person should be present, and legal advice should be obtained before any interview. Early advice can affect the charges, bail, diversion options and the final outcome.
“My child wants to speak to a lawyer before answering any questions.”
Do not let your child answer questions about the alleged offence without legal advice.
Ask whether cautioning, diversion or group conferencing may be available before any interview proceeds.
Write down what happened, what police said, what your child said and what was seized. Keep it confidential and provide it only to the lawyer.
Do not delete messages, photos, videos or social media posts. Keep your child off social media about the incident.
Get advice before the police interview, bail application or first court date.
Call Lauren Tye on 0451 877 714.
Early advice matters. Children’s Court outcomes can be significantly improved when a lawyer is involved before any police interview, bail application or first court date.
Advice and representation for young people from first police contact to final outcome.
Children’s Court matters in Victoria focus on rehabilitation, diversion and reducing the long-term impact on a young person’s record, education and future.
These cases often depend on age and maturity, family and school circumstances, suitability for diversion, and how police interviews and evidence are handled.
Lauren Tye represents young clients in the Children’s Court of Victoria in criminal matters, family violence intervention orders and breach proceedings.
Lauren can assist with:
Children’s Court matters can move quickly. Early legal advice can affect bail, diversion, the charges, negotiations and the final outcome.
Police may issue a caution, summons, charge the young person on bail, or make an arrest. A charge is not a finding of guilt. Legal advice should be obtained before any police interview.
A young person should not be interviewed alone. Bail decisions may depend on age, accommodation, family support, school engagement and risk.
Lauren assesses whether cautioning, group conferencing or Children's Court Youth Diversion may be available, and helps prepare supporting material.
Lauren reviews the brief, including CCTV, body-worn footage, witness statements and any police interview, then advises on defences, negotiations or resolution options.
Lauren appears in the Children's Court for bail, mentions, contested hearings, pleas and sentencing, and advises on possible consequences for school, work and future records.
Contact Lauren Tye if a young person has been charged, summonsed, arrested or asked to attend a police interview.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
The Children’s Court of Victoria deals with criminal matters involving young people. In Victoria, children under 12 are not criminally responsible. Children aged 12 or 13 are presumed not to have criminal responsibility unless the prosecution proves they understood the conduct was seriously wrong.
Children’s Court sentencing focuses mainly on rehabilitation. The Court considers the young person’s age, maturity, family circumstances, education, prospects for change and the impact of any sentence on their future.
Children’s Court Youth Diversion allows eligible young people to complete a diversion plan instead of proceeding to a finding of guilt. Diversion is designed to address harm, encourage responsibility and support rehabilitation.
Diversion does not result in a finding of guilt. If a matter does result in a finding, youth outcomes are treated differently from adult convictions, and Victoria’s spent convictions laws limit when criminal history information can be disclosed. Early advice can help protect a young person’s future.
The Children’s Court generally deals with criminal matters involving young people who were under 18 at the time of the alleged offence. In Victoria, children under 12 are not criminally responsible, and special capacity rules apply to children aged 12 or 13.
Usually, no. A young person may need to give their name and address, but they should get legal advice before answering questions about the alleged offence. Victoria Legal Aid says young people have a right to remain silent and can answer “no comment” to police questions, except questions about name and address.
Yes. If a young person is under 18, police must not formally question them unless a parent, guardian or independent person is present. That person is there to support the young person, not to give legal advice.
A caution is a formal alternative to being charged. It is usually considered for lower-level or first-time offending and means the young person does not go to court or receive a conviction for that alleged offence.
Children’s Court Youth Diversion is a pre-plea option that allows an eligible young person to complete a diversion plan. If completed, the charges can be discharged without progressing to sentence.
Yes. Bail means the young person is released from custody on a promise to attend court. Bail may be granted by police, a bail justice or the court, sometimes with conditions.
Yes, but detention is generally reserved for more serious matters. Children’s Court sentencing focuses on rehabilitation, and available outcomes include youth residential centre orders and youth justice centre orders.
Children’s Court matters can be reported, but identifying details are restricted. It is generally an offence to publish information likely to identify a child, party, witness or the Children’s Court venue, unless an exception applies.
It depends on the outcome, the type of check and spent-conviction rules. Police records include results from the Children’s Court, but Victoria Police generally do not release certain outcomes, including successfully completed diversion, in ordinary record checks.
Yes. Depending on the evidence, charges may be withdrawn, amended, downgraded or resolved by negotiation with police or prosecutors.
A breach can lead to arrest, stricter conditions, a further charge, resentencing or custody, depending on the order and the alleged breach. For bail, the Children’s Court notes that a child who breaches conditions may be arrested and brought back before the court.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
Most criminal matters involving young people in Victoria are heard in the Children’s Court of Victoria, which sits at metropolitan and regional locations across the state.
Some serious indictable matters may proceed by committal to the County Court or Supreme Court. These cases require careful advice about jurisdiction, sentencing options and the long-term consequences for the young person.
Lauren Tye appears in Children’s Court matters across Melbourne and regional Victoria, representing young clients from first police contact through to bail, diversion, pleas, sentencing, contested hearings and appeals.
Lauren Tye appears in the Children’s Court of Victoria for criminal matters across metropolitan Melbourne and regional Victoria, and in higher courts where matters are uplifted.
