The Victorian Government has proposed to overhaul how some young people are sentenced for certain violent offences. Under the proposed “Adult Time for Violent Crime” reforms, children aged 14 and over charged with certain serious offences may be sentenced in the adult court system and face far harsher penalties than before. This represents one of the most significant proposed shifts in Victoria’s youth justice approach in decades.
What is Changing?
Under the proposed reforms, children aged 14 and over found guilty of certain serious violent offences may no longer have their cases finalised in the Children’s Court. Instead, their matters will be transferred to the County Court, where adult sentencing principles apply.
The offences potentially affected include aggravated home invasion, home invasion, intentionally causing injury in circumstances of gross violence (including machete crime), recklessly causing injury in circumstances of gross violence (including machete crime), aggravated carjacking, carjacking, aggravated burglary (serious and repeated), and armed robbery (serious and repeated).
In the Children’s Court, the maximum period of imprisonment is three years. In the County Court, young offenders would be exposed to jail sentences of up to 25 years for aggravated home invasion and aggravated carjacking, and up to 20 years for intentionally causing serious injury through gross violence. Further, the Government has proposed to increase the maximum jail sentence for aggravated home invasion and aggravated carjacking to a life sentence. Jarrod Behan, Co-Chair of the LIV Criminal Law Section, stated: “these proposed reforms expose children as young as 14 years old to life imprisonment, with maximum sentence for aggravated home invasions and aggravated carjacking being raised from three years [imprisonment] to life.”
If the proposed reform passes into law, it will mean that children 14 years or older charged with any of the above offences will be transferred to the County Court unless there are “substantial and compelling reasons” to keep the matter in the Children’s Court. This exposes children to adult prison terms rather than youth detention. Additionally, children’s matters heard in the County Court will face adult procedures, including jury trials, which can be more complex, time-consuming, and stressful. The Children’s Court principles—especially rehabilitation and imprisonment as a last resort—will carry less weight. The reforms could also have implications for bail decisions, as adult considerations around risk to community safety will apply.
Importantly, early legal advice may be crucial, as decisions made in the early stages of a matter, including which court hears the case, will have serious long-term consequences.
Why Is This Happening?
The Victorian Government has stated that it believes current sentencing options for serious youth offending are inadequate and do not provide sufficient consequences.
However, these policy choices are widely debated among legal professionals, youth justice advocates and community groups. Many have raised serious concerns about whether adult sentencing actually reduces youth offending, whether long prison terms harm rehabilitation prospects, how vulnerable young people (including those with cognitive impairments or trauma histories) will be affected, and the long-term consequences of exposing children to the adult prison system.
Clients and families should be aware that these reforms are controversial and represent a significant departure from longstanding principles in youth justice.
Conclusion
For young people and families navigating the criminal justice system, these proposed reforms dramatically increase the risks associated with certain charges. Cases that once remained in the Children’s Court with a strong focus on rehabilitation may now be pushed into adult courts where much harsher sentencing principles apply.
If your child or young family member has been charged with a violent offence, early legal advice is critical. Understanding your options and preparing a proper defence may significantly impact the outcome of the court case.
If you need assistance, please contact our Victorian offices on (03) 7056 7555 or our NSW offices on (02) 7200 7535.
This article was prepared by Ayla Dodson, Senior Associate and head of Criminal Law at Lawsworth. Ayla has extensive experience representing young people and adults in criminal matters and is available for consultation at any of our Victorian offices.
