CHILDREN’S COURTS

The Children's Courts hear and determine criminal charges against persons generally aged less than 18 years at the time the offence occurred, except in Queensland. For more information see Explanatory Notes paragraphs 11 and 16. The Children's Court may also determine some minor indictable offences and conduct committal proceedings in relation to young people who have been charged with major indictable offences.

Defendants finalised

In 2016–17, there were 27,972 defendants finalised in the Children’s Courts, accounting for 5% of all defendants finalised nationally. (Table 1)

FIGURE 4: NUMBER OF DEFENDANTS FINALISED, Children’s Courts, Method of finalisation, Principal sentence, 2016–17


(a) Excludes organisations.

The number of defendants finalised in the Children’s Courts increased by 4% (1,028), up from 26,944 defendants finalised in 2015–16. This contrasted with a decline in the number of defendants finalised within the Children’s Courts between 2008–09 and 2015–16. (Table 1)


Between 2015–16 and 2016–17, the number of defendants finalised in the Children’s Courts increased across most states and territories:

• 12% (639) in Victoria;
• 9% (190 and 378) in South Australia and Western Australia;
• 4% (281) in Queensland; and
• 2% (14) in Tasmania. (Tables 15 to 35)

Summary Characteristics

In 2016–17, four out of five (83% or 23,175) defendants finalised in the Children’s Courts had their matter(s) adjudicated; 96% (22,248) of these were proven guilty. (Table 1)

The median age of defendants finalised in the Children’s Courts was 16 years which has remained unchanged since the series began in 2008–09.

Three-quarters of defendants finalised (76% or 21,285) were male. (Table 1)

Principal offence

In 2016–17, more than half (58% or 16,178) of all defendants finalised in the Children’s Courts had one of the following principal offences:

• Theft and related offences (22% or 6,191);
• Acts intended to cause injury (21% or 5,989), mostly Assault offences (93% or 5,599); and
• Unlawful entry with intent, burglary, break and enter (14% or 3,998). (Table 1)

Principal sentence and sentence quantum

Nine out of ten (89% or 19,783) defendants who were proven guilty in the Children’s Courts were sentenced to a non-custodial order, including 54% (11,990) who were sentenced to other non-custodial orders such as good behaviour bonds and nominal penalties. (Table 7)

A quarter (26% or 5,749) of the 22,248 defendants who were proven guilty in the Children’s Courts, were sentenced to a community supervision or work order. Community supervision or work orders were most common amongst defendants with a principal proven offence of:

• Acts intended to cause injury (25% or 1,452); and
• Unlawful entry with intent, burglary, break and enter (24% or 1,396). (Table 10)

The median sentence length for defendants sentenced to a community service order in 2016–17 was 40 hours. (Table 58)

One in ten (11% or 2,469) defendants proven guilty in the Children’s Courts were sentenced to a custodial order in 2016–17. The majority (58% or 1,441) of these were sentenced to custody in a correctional institution. (Table 7)

In 2016–17, the median sentence length for defendants sentenced to custody in a correctional institution (excluding life and indeterminate) was just under 6 months. (Table 57c)