Age of Criminal Responsibility QLD

What you need to know right now

In Queensland, the minimum age of criminal responsibility is 10. A child under 10 cannot be charged with a criminal offence, no matter what they are said to have done. For children aged 10, 11, 12 and 13, a special protection called 'doli incapax' applies: the law presumes they are too young to be criminally responsible, and a court can only convict them if the prosecution proves the child actually knew that what they did was seriously wrong, not just naughty or mischievous.

The law in Queensland

The minimum age of criminal responsibility in Queensland is 10 years old. This comes from section 29 of the Criminal Code Act 1899 (Qld), which says a person under the age of 10 is not criminally responsible for any act or omission. In practical terms, a child under 10 cannot be arrested, charged, prosecuted or convicted of an offence. Despite years of debate, Queensland has not raised this age above 10.

For children aged 10 to 13 (that is, under 14), section 29 adds a second, very important protection. The law presumes the child is not criminally responsible unless it is proved that, at the time, the child had the capacity to know they ought not to do the act. This is the centuries-old principle lawyers call 'doli incapax' (Latin for 'incapable of crime'). It means the prosecution carries the burden of proving, beyond reasonable doubt, that the particular child understood their conduct was seriously wrong as opposed to merely naughty or playful. The High Court confirmed how this works in RP v The Queen [2016] HCA 53, stressing that prosecutors cannot rely on assumptions or generalisations about children of that age; they need real evidence about this child.

If a child is below the minimum age, they cannot be charged. Instead, police, child safety and welfare services may respond through diversion, support or family interventions rather than the criminal courts. The focus is meant to be on the reasons behind the behaviour, not punishment.

Children and young people aged 10 to 17 who are charged are generally dealt with in the youth justice system, not the adult courts. Their matters are heard in the Childrens Court of Queensland under the Youth Justice Act 1992 (Qld), which is designed to be more private and more focused on rehabilitation than the adult system. A person is treated as an adult once they turn 18.

Queensland has recently made its youth laws much tougher. The Making Queensland Safer Act 2024 introduced 'Adult Crime, Adult Time', which was passed by Parliament on 12 December 2024 and expanded again during 2025. Under these laws, young people can face the same maximum, minimum and mandatory penalties as adults for a growing list of serious offences (47 offences as at 2026), and 'detention as a last resort' was removed from the Youth Justice Act. Importantly, these reforms did not change the minimum age of criminal responsibility, which remains 10, and they did not abolish the doli incapax protection for children under 14.

The law at a glance

Minimum age of criminal responsibility in Queensland: 10 years old.
Set by section 29 of the Criminal Code Act 1899 (Qld) ('Immature age').
Under 10: cannot be charged, arrested or convicted of any offence.
Aged 10 to 13 (under 14): protected by doli incapax, a rebuttable presumption.
To convict a 10 to 13 year old the prosecution must prove the child knew the act was seriously wrong.
Key authority on doli incapax: RP v The Queen [2016] HCA 53 (High Court of Australia).
Children aged 10 to 17 are dealt with in the Childrens Court under the Youth Justice Act 1992 (Qld).
Making Queensland Safer Act 2024 ('Adult Crime, Adult Time', from 12 Dec 2024) toughened penalties but did NOT raise the minimum age.

A 10 to 13 year old is not automatically a criminal

The thing most people get wrong is assuming that because a 10, 11, 12 or 13 year old can technically be charged, they will simply be found guilty like an adult. That is not how it works. For every child under 14, the law starts from the position that they are too young to be criminally responsible, and it is up to the prosecution to prove otherwise by showing this particular child knew the act was seriously wrong, not just a bit naughty. The High Court in RP v The Queen made clear that vague assumptions about 'kids that age' are not enough. This is a real and powerful defence, and it is one of the first things a youth lawyer will look at.

What this means in practice

What happens next depends heavily on the child's age. Here is how the law treats each group in Queensland.

Under 10 years old

Cannot be charged with any criminal offence at all. Police may still respond, but through welfare, diversion and family support rather than the criminal courts.

Aged 10 to 13

Can be charged, but doli incapax applies. The prosecution must prove the child knew the act was seriously wrong. If it cannot, the child cannot be convicted.

Aged 14 to 17

Treated as fully criminally responsible, but dealt with in the youth justice system and the Childrens Court, which focuses more on rehabilitation than the adult courts.

Aged 18 and over

Treated as an adult and dealt with in the adult courts under the ordinary criminal law.

Serious 'Adult Crime, Adult Time' offences

For a growing list of very serious offences, eligible young people can now face the same penalties as adults, even though their matter may still start in the Childrens Court.

What to do now — step by step

1

Stay calm and do not let your child answer police questions or sign anything until you have legal advice. You can call 1800 951 176 for free information first.

2

Ask the child's exact age and exactly what they are accused of, because under 10, 10 to 13, and 14 to 17 are treated very differently.

3

Make sure a parent, guardian or other support person is present for any police interview, and get a youth lawyer involved as early as possible.

4

If the child is 10 to 13, ask specifically about the doli incapax defence; the prosecution may not be able to prove the child knew the act was seriously wrong.

5

Get connected to a free or low-cost youth legal service straight away by calling 1800 951 176 and asking to be pointed to the right help.

Mistakes to avoid

⚠️

Thinking a child of 10 to 13 will automatically be found guilty. In fact the prosecution must first prove the child knew the act was seriously wrong.

⚠️

Assuming Queensland has raised the age to 12 or 14. It has not; the minimum age remains 10.

⚠️

Letting a child be questioned by police without a support person and legal advice. For most offences a child's statement needs a support person present to be used in court.

⚠️

Believing the 'Adult Crime, Adult Time' laws changed the minimum age. They increased penalties for serious offences but did not raise the age of 10 or remove doli incapax.

Free & low-cost help in Queensland

You do not have to face this alone or pay big legal bills to get help. Queensland has several free, specialist services for children and young people in the justice system.

Legal Aid Queensland (Youth Legal Advice Hotline)

Free legal advice for young people and their families. Youth hotline 1800 527 527 (1800 LAQ LAQ). Every child charged with an offence has the right to free legal representation.

Youth Advocacy Centre (YAC)

Free, confidential legal and social support for young people under 17 in and around Brisbane, including duty lawyers at the Childrens Court. Phone 07 3356 1002.

Aboriginal and Torres Strait Islander Legal Service (ATSILS)

Free, culturally safe legal help for Aboriginal and Torres Strait Islander people across Queensland, including young people. 24/7 freecall 1800 012 255.

Community Legal Centres Queensland

A network of free community legal centres across Queensland, several of which run specialist youth and Childrens Court services.

Frequently asked questions — Age of Criminal Responsibility in Queensland

What is the age of criminal responsibility in Queensland?

It is 10 years old. This is set by section 29 of the Criminal Code Act 1899 (Qld). A child under 10 cannot be charged with any criminal offence in Queensland.

Can a child under 10 be charged with a crime in Queensland?

No. A child under 10 is not criminally responsible for anything they do, so they cannot be arrested, charged or convicted. Police and welfare services may respond in other ways, such as support or diversion.

What is doli incapax?

Doli incapax is a legal presumption that children aged 10 to 13 are too young to be criminally responsible. To convict such a child, the prosecution must prove that the child knew their conduct was seriously wrong, not just naughty. If they cannot prove it, the child cannot be found guilty.

How is the doli incapax presumption rebutted?

The prosecution must prove, beyond reasonable doubt, that this particular child understood the act was seriously wrong at the time. The High Court in RP v The Queen [2016] HCA 53 said general assumptions about children of that age are not enough; real evidence about the child is needed.

Has Queensland raised the age of criminal responsibility?

No. Despite years of debate and proposals to raise it to 12 or 14, the minimum age in Queensland remains 10. There is no current law raising it.

What is 'Adult Crime, Adult Time' and did it change the age?

It is part of the Making Queensland Safer Act 2024 and lets young people face adult penalties for a list of serious offences (47 as at 2026). It made youth penalties much tougher, but it did not change the minimum age of 10 or remove the doli incapax protection.

What court deals with children charged with offences in Queensland?

Children aged 10 to 17 are generally dealt with in the Childrens Court of Queensland under the Youth Justice Act 1992 (Qld). This system is more private and more focused on rehabilitation than the adult courts.

At what age is someone treated as an adult in the criminal courts?

At 18. Once a person turns 18, they are dealt with as an adult in the ordinary adult courts under the general criminal law.

Can my child be questioned by police without me there?

For most offences, a statement a child makes to police must be made with a support person present to be usable in court. You should not let your child be interviewed or sign anything before getting legal advice. Call 1800 951 176 for free information first.

Where can my child get free legal help in Queensland?

Legal Aid Queensland (youth hotline 1800 527 527), the Youth Advocacy Centre in Brisbane, ATSILS for Aboriginal and Torres Strait Islander young people, and community legal centres all offer free help. Call 1800 951 176 and we can point you in the right direction.

Sources & further reading

Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.

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The Age of Criminal Responsibility in Queensland