By DAVID BRAITHWAITE
ALL children 14 and above committing violent crimes – like invading someone’s home or injuring someone with a machete – will face adult sentences in adult courts, under “Adult Time for Violent Crime”, the state government has announced.
Under the policy, courts will treat these children like adults, so jail is more likely, and sentences are longer.
Premier Jacinta Allan joined Attorney-General Sonya Kilkenny to announce that the government will follow Queensland in implementing these measures in Victoria, with a bill to be introduced to parliament this year.
Under Adult Time for Violent Crime, the government claimed there would be serious consequences for children committing brazen, violent crimes that hurt victims and the community.
Currently, in the Children’s Court, 34 per cent of children and young people sentenced for aggravated home invasion or aggravated carjacking offences go to jail. When they are sentenced for the same crimes in an adult court, 97 per cent go to jail.
Few children currently face an adult court with a jury – only a judge makes the call.
Under Adult Time for Violent Crime, children aged 14 and above must face adult sentencing in an adult court (the County Court) for the violent crime.
The maximum length of a jail sentence that can be imposed in the Children’s Court is three years for any offence.
The County Court can currently impose a jail sentence 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.
As part of its plan, the government will further increase the maximum jail sentence for aggravated home invasion and aggravated carjacking. For anyone 14 and over, these offences will carry a life sentence.
Crimes to be subject to Adult Time for Violent Crime are aggravated home invasion; home invasion; intentionally causing injury in circumstances of gross violence (includes machete crime); recklessly causing injury in circumstances of gross violence (includes machete crime); aggravated carjacking; carjacking; aggravated burglary (serious and repeated), and armed robbery (serious and repeated).
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The first five crimes will be removed from the jurisdiction of the Children’s Court, and the matter will face full trial and sentencing in the County Court. Carjacking will also be heard in the County Court by default unless there are substantial and compelling reasons for a matter to stay in the Children’s Court and be excluded from the regime.
The government said legislative guidance would confirm aggravated burglary and armed robbery offences should be heard in the County Court if they are serious and repeated.
The government will provide more resources to the County Court, including new judges, to fast-track hearings for these offenders. Children specifically aged 14 may be tried and sentenced in the Children’s Court, and excluded from Adult Time for Violent Crime, in substantial and compelling circumstances, such as if they have a cognitive disability.
The first five crimes will be removed from the jurisdiction of the Children’s Court, and the matter will face full trial and sentencing in the County Court. Carjacking will also be heard in the County Court by default unless there are substantial and compelling reasons for a matter to stay in the Children’s Court and be excluded from the regime.
The government said legislative guidance would confirm aggravated burglary and armed robbery offences should be heard in the County Court if they are serious and repeated.
The government will provide more resources to the County Court, including new judges, to fast-track hearings for these offenders. Children specifically aged 14 may be tried and sentenced in the Children’s Court, and excluded from Adult Time for Violent Crime, in substantial and compelling circumstances, such as if they have a cognitive disability.
Acknowledging that sentences in the Children’s Court hadn’t met “community expectations” and failed “to recognise what victims went through”, the government will change the principles that guide judges’ sentencing decisions in the Children’s Court so they reflect those used for adults.
Judges will be required to clearly prioritise community safety in sentencing decisions, and to consider the impact of a child’s offending on the victim (and provide opportunities for the child to try and restore the harm they caused). The rule that jail for children is the ‘last resort’ will be removed.
According to the government, Adult Time for Violent Crime will reinforce the boundaries for children in the justice system, with serious consequences for violent crime.
This reform to the youth justice system requires significant amendments to the Crimes Act, the Children, Youth and Families Act, and the Youth Justice Act.
A bill to establish the regime will be introduced to parliament this year so Adult Time For Violent Crime is in place in 2026.
The measure will come on top of the government’s “tough bail laws” which recently came into effect, and the banning of machetes, while the new Chief Commissioner is overhauling Victoria Police with more police on the street.
“There are too many victims, not enough consequences. That’s why we’re introducing Adult Time for Violent Crime,” Premier Allan said.
“We want courts to treat these violent children like adults, so jail is more likely and sentences are longer.
“This will mean more violent youth offenders going to jail, facing serious consequences.”
Ms Kilkenny said when child offenders were sentenced in an adult court, most went to jail.
“Adult courts put more emphasis on victims, violence and community safety,” she said.
“There are no easy solutions to youth crime, and the best approach is always to stop crime before it starts. But we absolutely need serious consequences for violent youth crime to protect the community now.”
Opposition leader Brad Battin said Victorians shouldn’t trust Premier Allan to deliver what she promised.
“The Premier promised to ban masks at protests, but her weak laws will do no such thing. The Premier promised tough bail laws, but Victorians have repeatedly seen criminals released on bail committing more offences,” he said.
“Today’s announcement is the Premier chasing another headline with no plan to follow through and deliver. Victoria is in a crime crisis because Jacinta Allan is weak on crime.
“A Liberals and Nationals government will be tougher on crime and smarter on justice than Labor. We’ll make bail laws stronger with ‘Break Bail, Face Jail’ because accountability matters. We’ll introduce ‘Jack’s Law’, giving police and PSOs the tools and technology they need to get knives off the streets before tragedy strikes.
“And as we have already said, when crimes are committed, the sentences will be serious, and the consequences will be real.”
