The Age of Criminal Responsibility in the ACT
The Australian Capital Territory has the highest minimum age of criminal responsibility in the country. As at June 2026, a child must be at least 14 years old before they can be charged with most crimes, after the ACT raised the age in two stages. There are a few narrow exceptions for very serious offences. If your child has been spoken to or questioned by police in the ACT, or you are a young person who is worried, you can get free, confidential information now by calling 1800 951 176.
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What you need to know right now
In the ACT, the minimum age of criminal responsibility is now 14 years old. This is the result of a two-stage increase: the age rose from 10 to 12 on 22 November 2023, and then from 12 to 14 on 1 July 2025. So as things stand in 2026, a child under 14 generally cannot be charged with or convicted of a criminal offence. The one important exception is that 12 and 13 year olds can still be held criminally responsible for a small list of the most serious, intentionally violent offences (such as murder, intentionally inflicting grievous bodily harm, sexual assault in the first degree and an act of indecency in the first degree). A child under 12 cannot be charged with anything at all. Instead of a criminal response, children below the minimum age who behave in seriously harmful ways are referred to therapeutic and welfare support rather than the courts.
The law in Australian Capital Territory
The age of criminal responsibility in the ACT is set out in the Criminal Code 2002 (ACT). The rules were changed by the Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (ACT), which raised the minimum age from the old level of 10 in two deliberate stages. The first stage took effect on 22 November 2023, lifting the age to 12. The second and final stage took effect on 1 July 2025, lifting it to 14. This makes the ACT the first place in Australia to set the minimum age at 14.What this means in practice is that a child who has not yet turned 14 generally cannot be arrested, charged, prosecuted or found guilty of a criminal offence in the ACT. The behaviour might still be wrong or harmful, but the law treats a child under 14 as too young to be criminally responsible for it. A child under 12 is completely outside the criminal law for every offence.
There is a carefully limited exception. The 2023 legislation created a new schedule of offences in the Criminal Code 2002, listing a small number of exceptionally serious, intentionally violent offences for which a 12 or 13 year old can still be held criminally responsible. Based on the ACT Government's own materials, these are murder, intentionally inflicting grievous bodily harm, sexual assault in the first degree and an act of indecency in the first degree. The exception only reaches children aged 12 and 13. It never reaches a child under 12, and it does not apply to ordinary offences like shoplifting, graffiti, common assault or property damage.
Even where a 12 or 13 year old is charged with one of those serious scheduled offences, the old common law protection known as 'doli incapax' still has work to do. The prosecution must prove, beyond reasonable doubt, that the particular child understood that what they did was seriously wrong in a moral sense, not merely naughty or mischievous. This is a high bar set by the High Court in RP v The Queen [2016] HCA 53. Once a young person reaches 14, doli incapax no longer applies and they are dealt with through the youth justice system in the normal way, which in the ACT means the Childrens Court.
The other half of the reform is what happens to children who are below the age of criminal responsibility. Rather than leaving harmful behaviour unanswered, the ACT built a health and welfare response. Children up to 18 with serious harmful behaviour can be referred to an independent Therapeutic Support Panel for Children and Young People, which assesses why the behaviour is happening and develops a therapy plan with priority access to trauma-informed services. Changes that also commenced on 1 July 2025 clarified how police search, stop and detain powers apply to children aged 13 and under, so that police can keep a young person and the community safe even though the child cannot be charged.
The key facts at a glance
- Minimum age of criminal responsibility in the ACT: 14 years (as at June 2026).
- Raised from 10 to 12 on 22 November 2023.
- Raised from 12 to 14 on 1 July 2025.
- A child under 12 cannot be charged with any offence.
- 12 and 13 year olds can only be charged for a short list of very serious, violent offences.
- Those exceptions include murder, intentionally inflicting grievous bodily harm and certain serious sexual offences.
- Doli incapax still protects 12-13 year olds even in those serious cases.
- Children below the age get therapeutic and welfare support, not a criminal record.
Has your child been spoken to by police in the ACT?
If police have questioned your child, knocked on your door, or asked your child to attend a station, do not assume your child can be charged just because police are involved. In the ACT a child under 14 generally cannot be charged at all, and even a 12 or 13 year old can only be charged for a handful of very serious offences. Your child has the right not to answer questions and to have a support person and a lawyer present. The safest step is to get clear, free information about your child's situation before anyone answers questions. Call 1800 951 176 to be connected with someone who can explain what the police can and cannot do.
What this means in practice
What actually happens depends almost entirely on the child's age and, for 12 and 13 year olds, on whether the alleged behaviour is one of the listed serious offences. Here are the main pathways under the current ACT model.
What to do now — step by step
Mistakes to avoid
Free & low-cost help in Australian Capital Territory
There is genuinely free help available for children, young people and parents in the ACT. You do not need to pay a private lawyer to get started - these services specialise in young people and in criminal matters.
Legal Aid ACT - Youth Law Centre
A free, confidential legal service for young people under 25 in the ACT, including criminal and police matters. Phone (02) 6173 5410.
Legal Aid ACT - Helpline
Free legal information and advice for the general public, including parents. Helpline 1300 654 314, Monday to Friday.
Aboriginal Legal Service (NSW/ACT)
Free advice and court representation for Aboriginal and Torres Strait Islander children and adults. 24-hour criminal and police line 1800 765 767.
Canberra Community Law
A community legal centre helping people on low incomes or facing disadvantage in Canberra and the surrounding region.
Frequently asked questions — Age of Criminal Responsibility in Australian Capital Territory
Is the age of criminal responsibility in the ACT 12 or 14 now?
It is 14, as at June 2026. The ACT raised the age in two steps: to 12 on 22 November 2023, then to 14 on 1 July 2025. So a child must usually be at least 14 to be charged with a crime, with only narrow exceptions for 12 and 13 year olds accused of the most serious violent offences.
Can a 12 or 13 year old ever be charged in the ACT?
Yes, but only for a short list of exceptionally serious, intentionally violent offences set out in the Criminal Code 2002 (ACT), such as murder, intentionally inflicting grievous bodily harm, sexual assault in the first degree and an act of indecency in the first degree. They cannot be charged for ordinary offences like theft, common assault or property damage.
What happens to a child who is too young to be charged?
Instead of being prosecuted, a child below the minimum age who shows seriously harmful behaviour can be referred to the Therapeutic Support Panel for Children and Young People. This independent panel looks at the causes of the behaviour and develops a therapy plan with priority access to intensive, trauma-informed support.
What is doli incapax and does it still matter?
Doli incapax is a long-standing legal presumption that a child is too immature to understand that what they did was seriously wrong. Now that the minimum age is 14, it mainly matters in the narrow situation where a 12 or 13 year old is charged with a listed serious offence. In that case the prosecution must still prove the child knew the act was seriously wrong, not just naughty.
Can police still question or detain a child under 14?
Yes. Even though a child under 14 usually cannot be charged, police kept clarified powers to stop, search and detain a child aged 13 and under to keep the child and the community safe. A child still has the right to stay silent and to have a support person and a lawyer present.
My child is 14 - what does that mean?
Once a young person turns 14 they are treated as criminally responsible in the ACT and can be charged like any other young person. Their matter goes through the youth justice system and the Childrens Court, which focuses on rehabilitation and diversion rather than punishment where possible.
Does my child need a lawyer if they cannot be charged?
It is still wise to get advice. Even where a child cannot be charged, there may be a child protection or Therapeutic Support Panel process, and police may want to question your child. Free services like the Legal Aid ACT Youth Law Centre can explain exactly where your child stands.
Is the ACT different from other states?
Yes. The ACT was the first jurisdiction in Australia to raise the minimum age all the way to 14. Most other states and territories still use a lower age, often 10, so the law that applies depends very much on where the behaviour happened.
Will this give my child a criminal record?
If your child is under the age of criminal responsibility for the alleged behaviour, they cannot be convicted, so there is no conviction or criminal record from that incident. A 14 to 17 year old, or a 12-13 year old charged with a listed serious offence, can be dealt with by the courts, and getting early advice matters.
How do I get free help right now?
Call 1800 951 176 for free legal information and to be pointed to the right service. You can also contact the Legal Aid ACT Youth Law Centre on (02) 6173 5410, or the Aboriginal Legal Service (NSW/ACT) on 1800 765 767 for criminal and police matters.
Sources & further reading
- Raising the age of criminal responsibility - ACT Government
- Support for children with serious harmful behaviour - ACT Government (Therapeutic Support Panel)
- Minimum Age of Criminal Responsibility - ACT Policing
- Criminal Code 2002 (ACT) - ACT Legislation Register
- Legal Aid ACT - Youth Law Centre
- Aboriginal Legal Service (NSW/ACT)
Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.
When to speak to a lawyer about a child in the ACT
The age rules in the ACT are now among the most protective in the country, but they are also among the most detailed, and the exceptions for 12 and 13 year olds are easy to misunderstand. If police have questioned your child, if your child is 14 or older, if the alleged behaviour is serious, or if your family has been contacted by child protection or the Therapeutic Support Panel, it is worth speaking to a lawyer who works in youth and criminal matters. A lawyer can tell you whether your child can actually be charged, what rights apply during questioning, and what any welfare process involves - often before anything is said or signed that cannot be taken back.
Join our lawyer network →Get free, confidential information about your child's situation
Worry about a child and the police is one of the hardest things a parent or young person can face. The good news is that, in the ACT, the law now keeps most children under 14 out of the criminal justice system entirely, and there is free help to explain exactly where you stand. Call 1800 951 176 to talk it through and be connected with the right service for the ACT. Free legal information, not legal advice.
Call Free 1800 951 176Free legal information. Not legal advice.