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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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.
If you have read that the age in the NT is 12, that information is now out of date.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 actually happens to a child depends heavily on their exact age and the circumstances. Here is a guide to the likely outcomes.
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.
Free legal help for Aboriginal people across the Top End, including youth justice advocacy. Offices in Darwin and Katherine. Phone 1800 898 251.
Free legal help for Aboriginal people in Central Australia, including young people in court. Based in Alice Springs. Freecall 1800 636 079 (NT only).
Free legal information and advice for everyone in the NT, with a dedicated focus on children and young people facing charges.
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.
Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.
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.
Join our lawyer network →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.
Call Free 1800 951 176Free legal information. Not legal advice.