08 / 12 · Youth Criminal Justice Act
Youth Criminal Justice
A youth charge should not define a young person's future. We advocate for extrajudicial measures and outcomes that protect education, opportunity, and privacy.
- Youth Criminal Justice Act charges
- Extrajudicial measures and sanctions
- Youth bail hearings
- Youth records and privacy
What is at stake
Why this charge needs a real defence.
Young people aged 12 to 17 are dealt with under a separate law built around rehabilitation, and custody is meant to be a last resort. The stakes are still real: a youth record can be accessed for years, affecting school, work, and travel, and the most serious offences can attract an adult sentence.
How it is done
How we build your defence.
- 1
Protect their rights from the first contact
Young people have enhanced protections when questioned, including the right to consult a lawyer and a parent and to have them present. Statements taken without those protections can be ruled inadmissible.
- 2
Push for an out-of-court response
The Act requires police and prosecutors to consider warnings, referrals, and extrajudicial sanctions before going to court. We press for those options wherever they fit.
- 3
Keep them out of detention
The law sharply limits when a young person can be detained before trial. We prepare release plans that involve parents or another responsible adult.
- 4
Plan for their future
From the first day we consider how each possible outcome will affect the young person's record, education, and plans, and we explain it to them and their family in plain language.
What we look for
The issues that decide these cases.
- 01
Admissibility of statements
Special rules apply to statements by young people, and police frequently fail to follow them.
- 02
Extrajudicial measures
Many youth matters can and should be resolved without a finding of guilt.
- 03
Privacy and publication
A young person's identity is protected by law, and records are accessible only for defined periods.
- 04
School and peer context
Group dynamics and school incidents often look very different once the full picture is in front of the court.
Possible outcomes
What a good result can look like.
- Extrajudicial sanctions, with the charge withdrawn on completion
- Release to a parent or responsible person instead of detention
- Acquittal at trial
- Sentences focused on support in the community rather than custody
Every case turns on its own facts. These are examples of results that may be available, not a prediction or guarantee of the outcome in your matter.
Questions
What people ask us first.
Youth records are not permanent in the way adult records are. Access to them closes after a period that depends on the outcome, provided there are no further offences. How the case resolves determines how long that period is, which is why the resolution matters so much.
A young person has the right to speak with a lawyer and a parent before giving a statement, and to have them present. If police did not respect that, the statement may not be usable in court.
Next step
Talk to us about your youth criminal justice matter.
A short conversation now can prevent mistakes that are hard to undo later. What you tell us is confidential.
