Age of Criminal Responsibility WA

What you need to know right now

In Western Australia the minimum age of criminal responsibility is 10. A child under 10 cannot be charged with or convicted of any criminal offence. A child aged 10 to 13 can only be found guilty if the prosecution proves the child knew that what they did was seriously wrong, not just naughty or mischievous (this is the rule known as 'doli incapax'). Young people aged 10 to 17 are dealt with in the Children's Court of Western Australia under the Young Offenders Act 1994.

The law in Western Australia

The minimum age of criminal responsibility in Western Australia is set by section 29 of the Criminal Code (the Code that sits in the Criminal Code Act Compilation Act 1913). Section 29 is headed 'Immature age' and it draws two clear lines. First, a person under the age of 10 years is not criminally responsible for any act or omission at all. This is an absolute rule: a child under 10 simply cannot commit a crime in the eyes of the law, no matter what they have done.

The second line is for children aged 10 to 13. Section 29 says that a person under the age of 14 years is not criminally responsible 'unless it is proved that at the time of doing the act or making the omission the person had capacity to know that the person ought not to do the act or make the omission'. In plain terms, the law starts by presuming that a child of this age did not understand that what they were doing was seriously wrong. This presumption is called 'doli incapax', a Latin phrase meaning 'incapable of crime'.

The presumption can be rebutted (overturned), but only if the prosecution proves, beyond reasonable doubt, that the child actually knew their conduct was seriously wrong, as distinct from merely being naughty, cheeky or childish. The High Court of Australia confirmed how this works in RP v The Queen [2016] HCA 53. The Court stressed that the older a child is within the 10 to 13 range, the easier it may be to draw that inference, but it must always be proved by real evidence about that particular child, not assumed.

Once a young person turns 14, the doli incapax protection no longer applies, and they are treated as criminally responsible in the same way as an adult would be for understanding right from wrong, although they are still dealt with as a young person in the youth justice system until they turn 18.

The law at a glance

Minimum age of criminal responsibility in WA: 10 years.
Set by section 29 (Immature age) of the Criminal Code (WA).
A child under 10 cannot be charged or convicted of anything.
Children 10-13 are presumed 'doli incapax' (incapable of crime).
Prosecution must prove a 10-13 year old knew the act was seriously wrong.
RP v The Queen [2016] HCA 53 confirmed how doli incapax is applied.
From age 14 a young person is treated as criminally responsible.
Young people 10-17 are dealt with in the Children's Court of WA.

Why the age matters so much

The age of a child at the time of the alleged offence can decide everything. If a child was under 10, there is no charge to answer, full stop. If a child was 10 to 13, the case may collapse unless the prosecution can prove the child truly understood that what they did was seriously wrong, which is often very hard to establish. Getting the age and the doli incapax point right early can mean a matter is never charged, is withdrawn, or is diverted away from court altogether. That is why it is worth getting free legal help before a young person answers any questions or signs anything.

What this means in practice

What actually happens depends heavily on the child's age and the circumstances. Here are the common pathways in WA:

Child under 10

No criminal charge is possible. Police and agencies respond through welfare, child-protection and family-support services rather than the criminal courts.

Child aged 10-13

Can be charged, but the prosecution must rebut doli incapax by proving the child knew the act was seriously wrong. If they can't, the matter should not proceed.

Young person 14-17

Treated as criminally responsible, but dealt with in the Children's Court under the Young Offenders Act 1994, with a focus on rehabilitation.

Police diversion

Many young people are dealt with by a caution or referral to a Juvenile Justice Team instead of a formal court process, especially for less serious matters.

Children's Court hearing

If the matter goes to court, a children's magistrate hears it. Penalties for young people differ from adults and prioritise getting the young person back on track.

Turning 18 mid-case

If a young person is charged while under 18, they stay within the youth justice framework even if they turn 18 before the case is finished.

What to do now — step by step

1

Stay calm and do not let the young person answer police questions or sign anything until you have legal advice. They have the right to silence and the right to have a parent or support person present.

2

Write down the child's exact date of birth and age on the day of the alleged incident, plus what was actually said and done. Age is often the single most important fact.

3

Call a free legal service straight away. Legal Aid WA, the Aboriginal Legal Service of WA and the Youth Legal Service can all help young people and parents.

4

Ask specifically whether doli incapax applies (for a 10-13 year old) and whether the matter can be diverted away from court through a caution or Juvenile Justice Team.

5

Keep every letter, court notice and police document together, and make sure the young person attends any court date with a lawyer.

Mistakes to avoid

⚠️

Assuming a young child can be 'charged' and letting them answer police questions without first getting legal advice about their age and doli incapax.

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Thinking that because a child 'did it', they must be guilty, when for a 10-13 year old the prosecution still has to prove the child knew it was seriously wrong.

⚠️

Believing WA has already 'raised the age' to 12 or 14, like some other places. As at June 2026 the minimum age in WA is still 10.

⚠️

Letting a young person plead guilty quickly to 'get it over with' before anyone has tested whether the doli incapax presumption can even be rebutted.

Free & low-cost help in Western Australia

You do not have to navigate this alone, and free help is available across WA. These are real, independent services for young people and their families:

Legal Aid WA

Free legal information, advice and (in many cases) representation for young people and parents, including a youth-focused information service.

Aboriginal Legal Service of WA (ALSWA)

Free, culturally informed legal help for Aboriginal and Torres Strait Islander young people across WA, including a Youth Engagement Program.

Youth Legal Service WA

Free legal advice and court representation for children and young people under 25 living in Western Australia, including criminal matters.

Community Legal WA

Directory of community legal centres across WA that offer free legal help, including services for young people and families.

Frequently asked questions — Age of Criminal Responsibility in Western Australia

What is the minimum age of criminal responsibility in WA?

It is 10 years. A child under 10 cannot be charged with or convicted of any criminal offence in Western Australia, under section 29 of the Criminal Code (WA).

Has WA raised the age to 12 or 14?

No. As at June 2026 the minimum age in WA is still 10. There have been campaigns to raise it and an early-intervention trial for younger children, but the law has not changed. The ACT is the only jurisdiction to have legislated an age of 14.

What does 'doli incapax' mean?

It is a Latin phrase meaning 'incapable of crime'. In WA it means a child aged 10 to 13 is presumed not to be criminally responsible unless the prosecution proves the child knew that what they did was seriously wrong, not just naughty.

Can a 7 year old be charged with a crime in WA?

No. A 7 year old is under the minimum age of 10, so they cannot be charged or convicted of anything. Any response would come through welfare and family-support services, not the criminal courts.

Can a 12 year old be charged in WA?

A 12 year old can be charged, but because they are aged 10 to 13 the prosecution must prove they understood their actions were seriously wrong. If that cannot be proved, the matter should not proceed.

What must the prosecution prove for a child aged 10 to 13?

They must prove, beyond reasonable doubt, that the particular child had the capacity to know they ought not to have done the act, meaning the child understood the conduct was seriously wrong rather than just mischievous. This was confirmed in RP v The Queen [2016] HCA 53.

Which court deals with young people in WA?

The Children's Court of Western Australia deals with young people aged 10 to 17 who are charged with offences, under the Young Offenders Act 1994. Its focus is on rehabilitation rather than punishment.

What happens if my child turns 18 before the case is finished?

If a young person was charged while under 18, they generally stay within the youth justice framework and continue to be dealt with as a young person, even if they turn 18 before the matter is concluded.

Does my child have to answer police questions?

No. A young person has the right to silence and the right to have a parent, guardian or support person with them. It is wise to get legal advice before they answer questions or sign anything.

Is there free legal help for young people in WA?

Yes. Legal Aid WA, the Aboriginal Legal Service of WA and the Youth Legal Service all provide free help. You can also call our free legal information hotline on 1800 951 176 to be pointed 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.

When you should speak to a lawyer

Any time a young person is questioned, cautioned or charged by police, it is worth speaking to a lawyer before they say or sign anything, especially where the child is aged 10 to 13 and the doli incapax presumption may apply. A lawyer can test whether the prosecution can actually prove the child knew the act was seriously wrong, push for the matter to be diverted away from court, and make sure the young person is dealt with fairly under the Young Offenders Act 1994. Acting early often makes the biggest difference to how a matter ends.

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Age of Criminal Responsibility in Western Australia