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Supporting your child through the youth justice system

This page will help you understand your child’s journey through the youth justice system, and your responsibilities at each step.

Our youth justice system aims to provide a fair and balanced response to young people who come in contact with the law.

We hold young people accountable for their actions, encourage them to integrate into the community, provide them with skills to create a better future for themselves, and promote community safety.

Find out more about the youth justice principles, policy and practices under the Youth Justice Act 1992.

To help you navigate the youth justice system, this page explains and guides you to further information about:

Contact with police

If your child is believed to have committed an offence, they may be cautioned by the police or given the opportunity to participate in a restorative justice conference (a facilitated meeting with a victim or their representative).

Otherwise the police may decide to start court proceedings. This means your child would be charged and either given a notice to appear in court, or arrested and held in a watch-house or detention centre until they can be seen in court.

Learn more about what happens when arrested.

Restorative justice conferences

If your child breaks the law, the police or court may refer your child to a youth justice or restorative justice conference.

A restorative justice conference (formerly known as a youth justice conference) is a meeting between a young offender who has committed a crime and the people affected by that crime. It is designed to hold your child accountable for their actions, help them understand the harm they’ve caused and for parties to agree on ways to make amends.

Every young person charged with an offence has the right to free legal representation. A duty lawyer is automatically appointed.

If your child identifies as Aboriginal or Torres Strait Islander, they will have access to the Aboriginal and Torres Strait Islander Legal Service (ATSILS). Your child may wish to choose their own lawyer, which may be funded through a Legal Aid application.

Find out more about:

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Appearing in court

If your child has been charged with an offence committed before their 17th birthday, they first go to the Childrens Court. This court has a magistrate and is usually closed to the general public and the media.

Not all matters can be finalised at the first court appearance. Some matters are postponed, or adjourned, until a later date.

Find out more about what happens in the Childrens Court, how you can support your child in court, and what happens after your child attends court.

Possible outcomes from appearing in court

If your child’s matter can’t be finalised, the magistrate will decide whether your child is granted bail or remanded (i.e. held) in custody during the adjournment period.

If the matter is finalised, your child may be sentenced or have their charges dismissed.

Adjournment

The matter is postponed until a later date.

Bail

The court may release your child into the community.

Sometimes bail will have conditions. Young people must sign a bail undertaking after court and this paperwork will note all conditions of bail.

For example:

  • A curfew may be included as a condition of bail. This will usually mean your child must stay at a particular address between certain hours of the day or night.
  • Your child may be given a conditional bail program and may be allocated a Youth Justice case worker. During the bail period the case worker may help your child engage with a range of community-based support services. They may also organise activities to help your child comply with their bail conditions.

While on bail your child may also be ordered to take part in a restorative justice process during the adjournment period. This is known as a ‘pre-sentence referral’. During this facilitated conference your child will meet with a victim or their representative.

Remand

If your child is remanded (or held) in custody they are housed in either Brisbane Youth Detention Centre or Cleveland Youth Detention Centre in Townsville.

Your child is allocated a case worker for the duration of the remand period. The case worker will contact you to let you know how your child is going. They will also liaise with your child’s lawyer, agencies and support services to ensure your child is supported while in custody.

The worker will develop a case plan that aims to address your child’s needs and plans for their transition back into the community.

Visits from family members or significant others can be arranged, but require prior approval.

Sentencing

The magistrate will make the final decision on an appropriate sentence. This may be influenced by things like the number and seriousness of the offences, your child’s previous criminal history, and the risk of further offending.

Your child’s sentence will depend on the offence they’ve been charged with. If your child pleads or is found guilty, the court has a range of sentencing options:

Caution—the court may dismiss your child’s charge and instead issue, or ask police to issue, a caution.

Reprimand—a warning issued by the court.

Good behaviour order—the court may determine a period of time that your child must remain of good behaviour.

Court diversion referral—your child may be directed to take part in a restorative justice process, which can involve meeting with the victim of their offence.

Probation order—your child may be ordered to regularly report to a Youth Justice office for a specified period of time and engage in activities that address identified risks and needs.

Community service order—your child may be ordered to complete a specified number of voluntary work hours, supervised by Youth Justice staff.

Graffiti removal order—your child may be ordered to engage in activities specifically related to the removal of graffiti, supervised by Youth Justice staff.

Restorative justice order—your child may be ordered to take part in a facilitated conference with a victim or a victim’s representative.

Intensive supervision order—if your child is under 13, they may be ordered to participate in a more intensive program of activities as directed by Youth Justice staff.

Conditional release order—a community-based alternative to detention. Your child will be ordered to take part in an intensive program of activities for up to 3 months.

Detention—your child may be sentenced to detention in either Brisbane Youth Detention Centre or Cleveland Youth Detention Centre in Townsville. The magistrate or judge will determine the length of the detention order. A percentage of that order will usually be served in the community as a supervised release order.

Learn more about youth detention, including:

  • the rules
  • a child’s rights
  • access to education
  • how we manage the centres
  • how to complain about a youth detention centre.

Monetary orders—the magistrate may order your child to pay a fine, restitution or compensation depending on the nature of their offence and their capacity to pay.

Dismissal

There may be grounds for the charges against your child to be dismissed. For example, the matter could be dismissed if there is not enough evidence.

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Our role

Youth Justice is advised whenever a young person is charged with an offence.

If your child is held in custody at a youth detention centre before their court appearance, they will be supported by detention centre staff. Detention centre staff will ensure your child contacts you as soon as possible. Contact the Brisbane or Cleveland youth detention centres if you have any concerns.

A court officer will also attend court with your child. They may speak to you and your child to gain information to assist the court. Court officers represent us in court, but have separate roles to defence lawyers and police.

After court, the officer may speak to your child to help explain any outcomes. Depending on the outcome, your child may be directed to have ongoing contact with a local youth justice service centre. Find out more about your child in court.

Parent or guardian responsibilities

It’s very important for a parent or guardian to attend court with their child. The magistrate may not hear your child’s matter if you are not present, and may order them to attend on a future date.

You may be asked for further information about your child while in court to help the magistrate make a decision.

If your child is referred to a youth/restorative justice conference, you will receive more information after court. We encourage you to take part in this process to support your child and help prevent reoffending.

Information and support

In the first instance you may be able to speak with the court officer and/or our representative in court who was present during your child’s hearing.

Youth Justice staff will be able to provide you further contact details for the youth justice service centre your child may need to report to, or the contact details for the detention centre your child will be transferred to.

Last updated:
8 June 2018
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