Adult Crime, Adult Time expands to 33 offences

Young offenders will now face adult sentences for committing the following serious offences:

Murder

Mandatory life imprisonment with a non-parole period of 20 years (doubled from 10 years)

Manslaughter and Acts intended to cause grievous bodily harm and other malicious acts

Maximum life imprisonment with minimum non-parole period of 15 years (was 10 years or up to life imprisonment if ‘particularly heinous in all the circumstances’)

Unlawful striking causing death

Maximum life imprisonment where the lesser of 80% of sentence or 15 years before being released on parole (was 10 years or up to life imprisonment if ‘particularly heinous in all the circumstances’)

Grievous bodily harm

14 years maximum imprisonment (doubled from 7 years)

Wounding and serious assault

7 years maximum imprisonment (doubled from 3.5 years)

Dangerous operation of a vehicle

3 years maximum imprisonment or maximum 200 penalty points (doubled from 1.5 years if sentenced by a judge)

Dangerous operation of vehicle and causes the death or grievous bodily harm to another person and offender is adversely affected by intoxicating substance, speeding or racing, knows the other person has been injured or killed and leaves before a police officer arrives: 20 years maximum imprisonment; mandatory detention for whole or part of the punishment (previously 7 years maximum sentence)

Unlawful use or possession of motor vehicles, aircraft or vessels: 10 years maximum imprisonment (doubled from 5 years if sentenced by a judge otherwise 1 year if sentenced by magistrate)

Robbery

14 years maximum imprisonment (doubled from 7 years)

Burglary

14 years maximum imprisonment (doubled from 7 years)

Entering or being in premises and committing indictable offences:
10 years maximum imprisonment (doubled from 5 years)

Unlawful entry of a motor vehicle for committing indictable offence: 10 years maximum imprisonment (doubled from 5 years if sentenced by a judge, otherwise 1 year if sentenced by magistrate)

Other key reforms

• Maximum duration of probation orders, whereby offenders would receive supervised rehabilitation in the community extended to three years (was two years)
• When a young person is convicted of the prescribed offences, restorative justice orders have been removed as a sentencing option. This means the offender will no longer be able to participate in restorative justice conferencing, designed to divert young people from court, as part of their sentence.
• The ‘adult crime, adult time’ policy will be reviewed by an expert panel of representatives from law enforcement, the legal profession, and victim advocate groups to advise government on other offences that could be included.

Two sentencing principles have been removed by the new laws. When the court sentences a young offender, they can no longer consider the following: detention as a last resort for young offenders, and that a non-custodial order is better than detention for promoting a child’s reintegration into the community under the Youth Justice Act 1992.

The rights of victims now take priority over the rights of young criminals. This means the impact on the victim is the primary consideration for the court when sentencing a young offender.

As a victim of crime, you have a right to know about the young person who committed a violent offence against you.

The Victim Eligible Persons Register updates on the offender’s custody movements, including release dates.

The new laws will streamline the process for victims of youth crime and reduce the burden for them in accessing important information about the offender(s).

There is no longer a requirement for direct victims and immediate family members of deceased victims to apply to be placed on the Victim Eligible Persons Register. Instead of applying to ‘opt in’, victims are now automatically included and can apply to ‘opt out’ if preferred.

This reform will commence later in 2025.

The new laws ensure that victims of crime, their families, and the media have access to the Childrens Court for their relevant matters being heard.

Relatives of victims who are not deceased and are not representing other victims have the right to attend proceedings.

The court’s discretionary power to exclude victims' representatives and accredited media from proceedings on the grounds of preventing prejudice to the proper administration of justice or for the safety of any person has been removed.

Courts will retain powers under other laws and its inherent authority to exclude individuals for contempt, maintaining necessary safeguards for judicial proceedings.

Full childhood criminal history taken into account Courts can now take into account the full criminal history for an offender when making sentencing decisions.

Police cautions, restorative justice agreements, and contraventions of supervised release orders, which occur from now on, will appear on the offender’s criminal history when sentenced as a child.

This criminal history will also be admissible when the person is being sentenced as an adult, for up to five years after the outcome for the last childhood offence.

Offenders who turn 18 years of age will immediately transition to adult correctional facilities.

They will be transferred to adult custody within one month after they turn 18, regardless of whether they are on remand or have been sentenced.

This ensures adult offenders are detained in adult correctional facilities, not in youth detention centres designed for children.