If your child has been spoken to by police, or you are a young person worried about trouble, the first question is usually about age. In South Australia a child must be at least 10 years old before they can be charged with a crime, and special protections apply to children aged 10 to 13. This page explains the current law in plain English, what happens to younger children, and where to get free help. If you need to talk it through right now, call our free legal hotline on 1800 951 176.
Free legal information. Not legal advice. Available 24/7.
In South Australia, the minimum age of criminal responsibility is 10. A child under 10 cannot be charged with any criminal offence, no matter what they have done. Children aged 10, 11, 12 and 13 can be charged, but the law presumes they do not understand that what they did was seriously wrong, and the prosecution has to prove otherwise before the child can be found guilty. This protection is called doli incapax. As at June 2026 the minimum age in SA is still 10 - it has not been raised, although the government has been consulting on the issue.
Doli incapax is not a loophole - it is a built-in protection. The starting point in every case involving a 10 to 13 year old is that the child is assumed not to have understood their conduct was seriously wrong. It is up to the police and prosecution to overturn that assumption with evidence about the child themselves, such as what they said or did before, during and after the incident, their maturity and understanding, and their background. Being 'streetwise', having been in trouble before, or the seriousness of the offence are not enough on their own. If the prosecution cannot prove the child genuinely understood the act was seriously wrong - not just against the rules - the child cannot be found guilty, even if they admit doing it.
What actually happens to a child depends heavily on their age and the situation. Here is a general guide for South Australia.
You do not have to face this alone or pay a fortune for advice. These South Australian services offer free, confidential help for children, young people and their families.
Free legal advice for young people, plus duty lawyers at the Youth Court. General advice line 1300 366 424, weekdays 9am to 4.30pm.
Culturally appropriate legal help for Aboriginal and Torres Strait Islander people in SA, including criminal and child protection matters. Freecall 1800 643 222.
Free plain-English guide to youth justice, doli incapax and the Youth Court, published by the Legal Services Commission of SA.
Official information about how youth criminal matters are heard, where the court sits, and what to expect on the day.
What is the minimum age of criminal responsibility in South Australia?
It is 10. A child must be at least 10 years old before they can be charged with a criminal offence. This is set by section 5 of the Young Offenders Act 1993 (SA), and as at June 2026 it has not been raised.
Can a child under 10 ever be charged or go to court?
No. A child under 10 cannot be charged with any criminal offence in South Australia, regardless of what they have done. Police and welfare services may still get involved with the family, but there is no criminal case and no criminal court.
What does doli incapax mean?
Doli incapax is Latin for 'incapable of crime'. For children aged 10 to 13, the law presumes the child did not understand their actions were seriously wrong. The prosecution has to prove otherwise with real evidence before the child can be found guilty.
How can the prosecution rebut doli incapax?
It has to show, with specific evidence, that this particular child understood at the time that what they did was seriously wrong - not just naughty or against the rules. The High Court in RP v The Queen [2016] HCA 53 said assumptions and generalisations are not enough.
At what age can a young person be fully held responsible?
From 14, doli incapax no longer applies, so a young person can be held criminally responsible like an adult would be. However, those aged 14 to 17 are still treated as children and dealt with in the Youth Court, with a focus on rehabilitation.
Has South Australia raised the age to 12 or 14?
No. As at June 2026 the minimum age in SA is still 10. The government has consulted on raising the age, and a proposal has been raised in Parliament, but no change has become law. Other places such as the ACT (now 14) and Victoria (now 12) have moved, but SA has not.
Which court deals with children and young people in SA?
The Youth Court of South Australia hears criminal matters for young people aged 10 to 17 at the time of the offence. The Adelaide Youth Court sits daily, and youth matters are also heard at Elizabeth, Port Adelaide and Christies Beach.
Should my child answer police questions?
Not before getting legal advice. Children and young people have the right to silence and the right to a lawyer. It is generally best to politely decline to be interviewed until you have spoken to a free legal service and arranged a support person.
Will a youth charge give my child a criminal record for life?
Youth matters are handled differently from adult convictions, and many are diverted away from court through cautions or family conferences. Getting early legal advice can make a real difference to the long-term outcome, so it is worth doing quickly.
Where can we get free help in South Australia?
Start with the Legal Services Commission of SA Youth Legal Service on 1300 366 424, or the Aboriginal Legal Rights Movement on 1800 643 222 if your child is Aboriginal or Torres Strait Islander. You can also call our free hotline on 1800 951 176 to be pointed in the right direction.
Last reviewed: 2026-06-19. Laws change — confirm current details with the linked official sources or call 1800 951 176.
Any time a child or young person has contact with police, it is worth getting legal advice before anything is said or signed - even if it seems minor. A lawyer can explain whether doli incapax applies, whether the prosecution can actually prove its case, and whether the matter can be diverted away from court. This is especially important for children aged 10 to 13, where the law offers strong protection that is easy to lose by answering questions too soon. Free youth legal services and duty lawyers exist for exactly this situation, so there is no reason to wait.
Join our lawyer network →Dealing with police, courts or a frightened child is stressful, but you have options and there is help available. If you are unsure what the law means for your situation in South Australia, or you just need to know what to do next, call our free legal hotline on 1800 951 176 and we will help you find the right support. Free legal information, not legal advice.
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