Child questioned in Queensland? Check age, rights and next steps

Match the age at the incident to the next question

Section 29 of the Queensland Criminal Code separates under-10 nonresponsibility from the rebuttable protection for children under 14. The prosecution still has to prove the offence itself. Being old enough for criminal responsibility does not establish guilt.

Where allegations cover a period of time, identify each alleged act and the child’s age then. Preserve the dates and supporting records instead of assuming the oldest age in the period applies to everything.

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The under-10 rule is a rule of criminal responsibility. It is not a complete statement of every police, child-protection or welfare power. Obtain advice about the actual proposed action; do not rely on a blanket promise that police can never intervene.

Queensland’s test is capacity to know moral wrongness

In BDO v The Queen [2023] HCA 16, the High Court confirmed the distinction between the Queensland statutory test and the common-law actual-knowledge test discussed in RP v The Queen [2016] HCA 53. Section 29(2) asks whether the child had the capacity to know they ought not do the act or make the omission.

The relevant wrongness is moral wrongness by the standards of reasonable adults, rather than merely being naughty or knowing that a rule has been broken. The prosecution must establish the required capacity beyond reasonable doubt at the time of the particular conduct.

The evidence may involve the child’s intellectual and moral development, education, home environment, communication and any relevant disability. No disability is required for the protection to apply. Proof of ordinary development for that age does not, by itself, establish the required capacity.

Concealment, fear of punishment or what a child says in an interview must be assessed in context. None should be treated as an automatic answer. BDO stresses the particular act and time; later capacity cannot simply be projected backwards over a long period of allegations.

Under Youth Justice Act section 147, a court considering criminal responsibility may have regard to previous cautions and restorative justice agreements. Give those records to the lawyer as well. Do not coach the child’s answers or obtain admissions in an attempt to test capacity yourself.

“Doli incapax” is often used as shorthand for the under-14 protection. The label should not obscure Queensland’s actual statutory test or shift the burden onto the child to prove incapacity.

Get advice before an interview about the allegation

Call Legal Aid Queensland’s Youth Legal Advice Hotline on 1800 527 527 for free advice if the person is under 18 or has a Childrens Court matter. It operates Monday to Thursday 8am–9pm and continuously from Friday 8am to Sunday 5pm, except Good Friday, Easter Sunday and Christmas Day, in Queensland time. Flag custody or an imminent interview immediately.

The Police Powers and Responsibilities Act 2000 contains specific safeguards for a suspect in a police officer’s company for questioning about an indictable offence. Sections 414–415 define that scope; they do not make every police interaction an identical formal interview. Section 397 preserves the right to silence subject to questions another law requires to be answered.

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A support person can be a parent or guardian, the child’s lawyer, or another person within the statutory definition; it need not always be the parent. Sections 424–430 govern interference, suitability and replacement, and section 441 has limited exceptions. Under Youth Justice Act section 29, absence of a support person affects admissibility in indictable proceedings, but the court has a stated exception. Do not assume an interview is automatically valid or automatically excluded.

Sentencing changes did not replace the age test

Queensland’s “Adult Crime, Adult Time” scheme operates through Youth Justice Act section 175A. It applies to specified offences and circumstances, with qualifications depending on the court’s constitution and the relevant commencement provisions. It does not change section 29’s minimum age or remove its under-14 capacity protection.

Do not infer a particular sentence from the policy’s name or an offence count. The exact charge, alleged circumstances, offence date and sentencing court matter. A statutory maximum is not a prediction of the sentence in an individual case.

Section 150 now prevents reliance on the former principles that detention is a last resort and that a community sentence is preferable. It gives primary regard to victim impact while retaining other stated considerations, including age, rehabilitation and personal circumstances. It does not mean those remaining considerations disappear.

The official amendments guide distinguishes the original December 2024 changes, later 2025 changes and the April 2026 expansion. Some other enacted amendments remain uncommenced. A proposal, announcement or future commencement must not be treated as the rule for an earlier offence.

This guide does not calculate an individual penalty, detention-transfer date, bail entitlement or appeal deadline. Take the actual charge and dates to a youth lawyer for that assessment.

A caution can avoid prosecution without being erased from history

Under Youth Justice Act sections 10–24, police must consider specified alternatives before starting certain proceedings, subject to scope and exceptions. Options can include no action, a caution or referral for a restorative justice process. The child has no automatic entitlement to their preferred option.

A police caution requires an admission and consent. A restorative-justice referral also involves conditions. Get advice before admitting an allegation simply to obtain a caution: the capacity issue, available evidence, consequences and eligibility still need assessment.

A caution under section 15 ordinarily means the child is not liable to prosecution for that offence. The position for a restorative justice agreement has statutory qualifications, including possible further action if the process fails or the agreement is not complied with.

The current Act’s definition of a child’s criminal history includes cautions and restorative justice agreements, subject to transition rules. Section 439 excludes pre-commencement cautions and specified earlier agreements/referrals from that new definition. The relevant history changes commenced on 28 February 2025.

Do not confuse the statutory criminal history with a recorded conviction or assume what must be disclosed to an employer. Those are separate questions. Some public guides still state that cautions and agreements never form part of criminal history; that shorthand does not reflect the current sections 6 and 439.

Check the actual court notice, current age and attendance rules

Children’s criminal cases are dealt with under youth-justice legislation, with different courts handling different matters. Follow the court, date, location and conditions on the actual papers. Queensland Courts’ child guide provides practical information; it is not a substitute for the order in the case.

Sections 132–144 of the Youth Justice Act contain special rules for an alleged childhood offence when the person has since become an adult. These include rules tied to one year after adulthood, proceeding stages and undue prosecution delay. Turning 18 alone is not a complete answer.

A parent is encouraged to attend. The court can adjourn to enable attendance or order a parent to attend under sections 69–70. If an order or finding was made without a parent present, section 71 provides a qualified application route within 28 days of that finding or order; absence alone does not automatically overturn it. Seek prompt advice on eligibility and action.

Court attendance and publication are different questions. Childrens Court Act section 20 identifies who may attend relevant proceedings and exceptions, including its non-application to a judge determining a charge on indictment. Do not promise that every youth hearing is closed to the public or media.

Youth Justice Act section 301 generally prohibits publishing information identifying a child as being or having been dealt with under that Act, subject to specified court-order and written-authority exceptions. A name is not the only identifying information: images, school and other details can identify a child. Get advice before sharing allegations or court papers online.

Match urgent advice, court help and private work to the need

Tell the service the child’s age, location, whether they are in custody, what police propose, the next court date and any existing lawyer. A provider must assess scope and availability. Do not wait to assemble every document before reporting urgency.

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Do not ignore a court date, bail condition or police requirement while waiting for a response. A request for advice or a booking does not alter an order or obtain an adjournment.

Eight document groups to prepare for a youth lawyer

Use what is available and tell the lawyer what is missing. This is preparation guidance, not a requirement to upload sensitive material to a website or a complete filing checklist.

1. Birth-date evidence and a list of each alleged incident date or date range, showing age at each incident.
2. Every charge, notice to appear, complaint and summons, court notice and case number, including all pages.
3. Bail undertakings, orders, attendance requirements and the next hearing or reporting details.
4. Police contact details, interview invitations and available recordings, statements or transcripts; ask the lawyer how to obtain missing records.
5. A factual chronology of what happened, who was present, and what was said about lawyer contact, support, caution or an interpreter.
6. Relevant existing school, developmental, communication, disability or health records; ask the lawyer which are needed and how to share them securely.
7. Previous cautions, restorative justice agreements, court outcomes and any documents about compliance, including their dates.
8. Existing lawyer or legal-aid correspondence, practical support arrangements and the questions the child wants answered.

Preserve original messages and documents. Do not coach answers, alter evidence or publish identifying details. Share sensitive child records only through an agreed appropriate channel. Legal Hotline’s AI intake may create transcripts and summaries; it is not a substitute for confidential advice from the child’s lawyer.

Official help and free legal information

These are direct routes to relevant legal services. Check current scope, eligibility and availability; none guarantees a particular result or immediate ongoing representation.

Queensland children and criminal responsibility

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