Can Charges Be Pressed on a Minor in NSW? | Juvenile Criminal Law Explained

If a child or teenager has been involved in a police incident, one of the first concerns for parents is whether criminal charges can actually be laid.

In New South Wales, minors can be charged with criminal offences, but the law treats children differently from adults, with a stronger focus on rehabilitation and diversion rather than punishment.

Can a Minor Be Charged With a Criminal Offence?

Yes. In NSW, a person aged 10 years and over can be charged with a criminal offence.

However, the law recognises that children may not fully understand the consequences of their actions. Because of this, the criminal justice system applies special protections for young people.

Age categories generally include:

• Under 10 years: Cannot be held criminally responsible

• 10 to 13 years: Criminal responsibility must be proven

• 14 to 17 years: Can be charged and dealt with in the Children’s Court

Most minors who are charged will have their matters heard in the Children’s Court of NSW.

What Happens When a Minor Is Charged?

When a minor is charged, police may take different approaches depending on the seriousness of the alleged offence:

• Issue a warning or caution

• Refer the matter to a youth justice conference

• Lay formal charges

• Require attendance at the Children’s Court

Parents or guardians are usually required to attend court proceedings with the child.

Common Offences Involving Minors

Minors can be charged with a wide range of offences, including:

• Assault

• Theft or shoplifting

• Drug possession

• Property damage

• Break and enter

• Public order offences

• Certain traffic offences

Even relatively minor incidents can result in formal police action.

What Happens in the Children’s Court?

The Children’s Court operates differently from adult courts.

Its focus is on rehabilitation, which means the court may consider:

• The young person’s age

• Family background

• School attendance and behaviour

• Prior history

• Prospects of rehabilitation

Sentencing is generally more flexible than adult courts.

Possible Outcomes for Minors

Depending on the circumstances, outcomes may include:

• Police cautions

• Youth justice conferences

• Good behaviour bonds

• Community-based supervision

• Dismissal without conviction in some cases

• Detention (only for serious or repeat matters)

Detention is considered a last resort.

Will a Minor Get a Criminal Record?

Not necessarily.

Many matters involving minors are resolved without a formal criminal conviction being recorded. However, more serious offences may still result in findings of guilt.

The outcome depends on:

• The seriousness of the offence

• The young person’s history

• Whether rehabilitation is likely

Can a Minor Go to Jail?

Yes, but only in serious cases.

The court will only impose detention where:

• The offence is serious

• There is a pattern of offending

• Other penalties are not appropriate

Most first-time offenders do not receive detention.

Why Legal Advice Matters

Legal representation can help:

• Reduce the seriousness of charges

• Seek diversionary outcomes

• Present mitigating circumstances

• Protect the young person’s rights

• Avoid unnecessary criminal records

Early advice is especially important in Children’s Court matters.

Frequently Asked Questions

What is the age of criminal responsibility in NSW?

The minimum age is 10 years old.

Do parents have to attend court?

Yes, parents or guardians are usually required to attend Children’s Court.

Can a minor be charged for a first offence?

Yes, but first offences are often dealt with more leniently.

Will it affect future employment?

It depends on the outcome and whether a conviction is recorded.

Speak With a Criminal Defence Lawyer

If your child has been charged with an offence, obtaining early legal advice can make a significant difference to the outcome.

Michael Confos Lawyer provides representation in Children’s Court and criminal matters across Sydney and New South Wales.

Disclaimer

This article provides general information only and does not constitute legal advice. No solicitor-client relationship is formed by reading this content. You should seek independent legal advice from a qualified lawyer regarding your individual circumstances.