The Age of Criminal Responsibility in the Northern Territory
In the Northern Territory, a child can be charged with a crime from the age of 10. The NT briefly raised this to 12 in 2023, then lowered it back to 10 in October 2024 - so the rules have changed twice in a short time, and many parents are confused about where things stand. This page explains the current law in plain English. If your child has been questioned, arrested or charged, do not wait - call the free legal hotline on 1800 951 176.
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What you need to know right now
Right now, the minimum age of criminal responsibility in the Northern Territory is 10 years old. A child under 10 cannot be charged with any criminal offence. The NT changed this rule recently: it raised the age to 12 on 1 August 2023, but a new government lowered it back to 10, with that change taking effect on 30 October 2024. So a 10 or 11-year-old in the NT can again be charged - although a special protection called 'doli incapax' still applies to every child aged 10 to 13.
The law in Northern Territory
The starting point is section 38 of the Criminal Code Act 1983 (NT). It sets the minimum age of criminal responsibility - the youngest age at which the law treats a child as capable of committing a crime. A child below that age cannot be arrested, charged, prosecuted or found guilty, no matter what they have done. They are dealt with, if at all, through child welfare and family support, not the criminal courts.The NT recently changed this minimum age twice. For most of its history the age was 10. Then, under the Criminal Code Amendment (Age of Criminal Responsibility) Act 2022, the NT became the first place in Australia to raise the age from 10 to 12, with that increase commencing on 1 August 2023. For about 14 months, children aged 10 and 11 in the NT could not be charged with a criminal offence at all.
After the August 2024 NT election, the incoming Country Liberal Party government reversed that reform. The Northern Territory Parliament voted on 17 October 2024 to lower the age back to 10. This was done by the Criminal Code Amendment Act 2024, which was assented to on 29 October 2024 and commenced on 30 October 2024. It amended sections 38, 38A, 43AP and 43AQ of the Criminal Code, returning the minimum age of criminal responsibility to 10 years.
So, as the law stands today: a child under 10 cannot be charged. A child aged 10, 11, 12 or 13 can be charged, but is protected by the presumption of doli incapax (explained below). From the age of 14, a young person is treated as fully criminally responsible, though they are still dealt with as a youth under the Youth Justice Act 2005 (NT) rather than as an adult.
It is worth knowing that the reversal was not made fully backward-looking. Where a child's record was wiped clean during the period the age was 12 (August 2023 to October 2024), those historical matters are generally understood to stay expunged - but this is a technical point, so get advice about any specific record.
The key facts at a glance
- Minimum age of criminal responsibility in the NT today: 10 years.
- Under 10: cannot be charged with any crime.
- Aged 10 to 13: can be charged, but doli incapax protection applies.
- Aged 14 and over: fully criminally responsible (still dealt with as a youth).
- Age raised from 10 to 12 on 1 August 2023.
- Age lowered back to 10 - commenced 30 October 2024.
- Main law: section 38, Criminal Code Act 1983 (NT).
- Youth matters are heard in the Youth Justice Court of the NT.
Why has the NT age changed twice?
If you have read that the age in the NT is 12, that information is now out of date. The 12-year minimum only lasted from 1 August 2023 to 30 October 2024. Following the 2024 NT election, the new government lowered it back to 10 as part of a wider package of tougher youth-crime laws, which also created new offences such as 'ram raiding' and 'post and boast' (filming and sharing offending online). Because the rules flipped so recently, a lot of older websites, leaflets and even some advice are still wrong. The current, correct position is that the minimum age is 10.
What this means in practice
What actually happens to a child depends heavily on their exact age and the circumstances. Here is a guide to the likely outcomes.
What to do now — step by step
Mistakes to avoid
Free & low-cost help in Northern Territory
There is free, specialist help for children and families in the Northern Territory. These services deal with youth justice matters every day, including in the Youth Justice Court, and Aboriginal legal services are available across the Territory.
North Australian Aboriginal Justice Agency (NAAJA)
Free legal help for Aboriginal people across the Top End, including youth justice advocacy. Offices in Darwin and Katherine. Phone 1800 898 251.
Central Australian Aboriginal Legal Aid Service (CAALAS)
Free legal help for Aboriginal people in Central Australia, including young people in court. Based in Alice Springs. Freecall 1800 636 079 (NT only).
Legal Aid NT (NT Legal Aid Commission)
Free legal information and advice for everyone in the NT, with a dedicated focus on children and young people facing charges.
Frequently asked questions — Age of Criminal Responsibility in Northern Territory
What is the minimum age of criminal responsibility in the NT right now?
It is 10 years old. A child under 10 cannot be charged with any criminal offence in the Northern Territory.
Didn't the NT change the age - wasn't it raised to 12?
Yes, but it changed twice. The NT raised the age from 10 to 12 on 1 August 2023, then a new government lowered it back to 10, taking effect on 30 October 2024. The current minimum age is 10.
Can a 10 or 11-year-old be charged with a crime in the NT?
Yes. Since 30 October 2024 a child aged 10 or 11 can be charged. However, the doli incapax protection applies, so the prosecution must prove the child knew their actions were seriously wrong.
What is doli incapax?
It is a legal presumption that a child aged 10 to 13 does not have the maturity to be criminally responsible. To convict such a child, the prosecution must prove the child knew the act was seriously wrong, not just naughty or mischievous. This comes from the Criminal Code and the High Court case RP v The Queen [2016] HCA 53.
What happens to a child who is under 10?
They cannot be arrested, charged or taken to court. Any concerns are handled through child protection, family support and welfare services rather than the criminal courts.
At what age is a young person fully criminally responsible in the NT?
From 14. A 14 to 17-year-old is treated as fully responsible, but their case is normally heard in the Youth Justice Court, which is geared towards young people and rehabilitation.
Will my child automatically avoid conviction because of doli incapax?
No. Doli incapax is a strong protection, but it can be overcome if the prosecution proves the child understood their act was seriously wrong. That is why early legal advice is so important.
Does my child have to answer police questions?
A child has the right to legal advice and to have a support person present, and generally does not have to answer questions beyond confirming basic identity. Speak to a lawyer before any interview.
Which court hears children's criminal matters in the NT?
Most youth criminal matters are heard in the Youth Justice Court of the Northern Territory, under the Youth Justice Act 2005 (NT).
Is help free, and who should I call?
Yes. You can call the free legal hotline on 1800 951 176, or contact NAAJA, CAALAS or Legal Aid NT directly. These services help children and families at no cost.
Sources & further reading
- Criminal Code Amendment Act 2024 (NT) - assented legislation (legislation.nt.gov.au)
- Criminal Code Amendment Bill 2024 - NT Attorney-General's Department
- Raising the age of criminal responsibility - Australian Institute of Health and Welfare (2025)
- Age of criminal responsibility lowered to 10 in Northern Territory - SBS News
- RP v The Queen [2016] HCA 53 - High Court case summary (AustLII)
- NAAJA - Legal services (North Australian Aboriginal Justice Agency)
Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.
Why a lawyer matters when a child is involved
When a child aged 10 to 13 is charged, the case can often turn on doli incapax - whether the prosecution can prove the child truly understood their act was seriously wrong. This is a technical area where good legal representation makes a real difference, and the High Court has made clear the presumption cannot be brushed aside lightly. A lawyer can also push for diversion to keep a young person out of court altogether, argue for bail instead of detention, and make sure the child is treated fairly at every step. Because the NT changed its age laws so recently, it is doubly important to get advice from someone who knows the current rules.
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If your child has been questioned, arrested or charged in the Northern Territory, the most important thing is to get advice early - ideally before any police interview. The minimum age is now 10, but children aged 10 to 13 still have important protections that a lawyer can use. Call the free legal hotline on 1800 951 176, or reach out to NAAJA, CAALAS or Legal Aid NT. Free legal information, not legal advice.
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