Victoria to Try Children as Young as 14 in Adult Courts Under New Crime Reforms
Victorian Premier Jacinta Allan has announced sweeping youth justice reforms that will see children accused of serious violent crimes prosecuted in adult courts, sparking an intense debate about community safety versus rehabilitation.
The Victorian Government will introduce legislation this year to automatically transfer children as young as 14 to adult courts when charged with serious violent offences, including aggravated home invasion, carjacking, and machete-related violence. Premier Jacinta Allan announced the “Adult Time for Violent Crime” reforms, stating they respond to community concerns about youth offending and victim impact.
“Too many victims, not enough consequences,” Ms. Allan said, citing a 15.7% increase in criminal offences which the government attributes largely to repeat youth offenders.
How the Reforms Will Work
Under the proposed changes, children aged 14 to 17 charged with specified violent offences will face prosecution in the County Court—Victoria’s adult criminal jurisdiction—rather than the Children’s Court.
The transfer to adult court will be automatic unless “substantial and compelling reasons” exist to keep cases in the youth justice system. Cognitive disability may constitute such a reason, while age alone will not. Young people convicted in adult courts could face significantly harsher penalties, including life sentences in the most serious cases.
The reforms will also change sentencing principles in the Children’s Court for offences that remain in that jurisdiction. Judges will be required to prioritize community safety and consider victim impact, while the longstanding principle that detention should be “a last resort” for children will be removed. The government expects the legislation to pass Parliament this year, with implementation planned for 2026.
Government’s Case for Change
Premier Allan said the reforms are designed to ensure serious consequences for violent youth crime and improve community safety.
“This is fundamentally about victims and making our community be safe and feel safe,” she said.
The government points to rising crime statistics and concerns about repeat offenders as justification for the tougher approach. Officials argue that existing Children’s Court processes have not adequately addressed serious violent offending or provided sufficient accountability.
Concerns from Legal and Indigenous Groups
The reforms have drawn strong criticism from human rights organizations, legal professionals, and Indigenous advocacy groups.
Multiple organizations have described the changes as an “alarming race to the bottom” in youth justice, warning they prioritize punishment over rehabilitation. Nerita Waight, CEO of the Victorian Aboriginal Legal Service, said the reforms contradict Victoria’s progress toward a treaty with Aboriginal communities, given Indigenous children are significantly overrepresented in the justice system. “Punishing trauma is not the answer,” Ms. Waight said.
Legal and criminology experts have raised concerns that prosecuting children in adult courts ignores research on adolescent brain development and may increase rather than reduce reoffending rates. Critics also point to evidence supporting therapeutic and culturally specific intervention programs as more effective alternatives to harsher penalties.
What Happens Next
The government will introduce the legislation to Parliament in the coming months. Given the government’s majority, passage appears likely. The reforms have ignited a broader debate about youth justice approaches, with supporters emphasizing community safety and victim rights, while opponents warn of potential harm to young people and question the evidence base for punitive measures. Victoria would join a small number of jurisdictions that routinely prosecute children in adult courts for serious offences if the reforms proceed as planned. The impact of the changes on reoffending rates and community safety will become clearer after implementation in 2026.
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