Supporting youths through the youth justice system

This page will help understand a youth's journey through the youth justice system, and a parent's or carer's responsibilities at each step.

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

We hold youths 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 (Qld).

Contact with police

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

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

Legal support

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

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

Find out more about:

Appearing in court

If a youth 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 a youth in court, and what happens after a youth attends court. There may be grounds for the charges against a youth to be dismissed. For example, the matter could be dismissed if there is not enough evidence.

Possible outcomes from appearing in court

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

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

  • The matter is postponed until a later date.

  • The court may release a youth into the community.

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

    • A curfew may be included as a condition of bail. This will usually mean a youth must stay at a particular address between certain hours of the day or night.
    • A youth 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 a youth engage with a range of community-based support services. They may also organise activities to help a youth comply with their bail conditions.

    While on bail a youth 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 a youth will meet with a victim or their representative.

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

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

    The worker will develop a case plan that aims to address the youth’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.

  • 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, a youth’s previous criminal history, and the risk of further offending.

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

    • Caution—the court may dismiss a youth’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 a youth must remain of good behaviour.
    • Court diversion referral—a youth may be directed to take part in a restorative justice process, which can involve meeting with the victim of their offence.
    • Probation order—a youth 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—a youth may be ordered to complete a specified number of voluntary work hours, supervised by Youth Justice staff.
    • Graffiti removal order—a youth may be ordered to engage in activities specifically related to the removal of graffiti, supervised by Youth Justice staff.
    • Restorative justice order— a youth may be ordered to take part in a facilitated conference with a victim or a victim’s representative.
    • Intensive supervision order—if a youth 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. A youth will be ordered to take part in an intensive program of activities for up to 3 months.
    • Detention—a youth 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 youth’s rights
      • access to education
      • how we manage the centres
      • how to complain about a youth detention centre.
    • Monetary orders—the magistrate may order a youth to pay a fine, restitution or compensation depending on the nature of their offence and their capacity to pay.
  • There may be grounds for the charges against a youth to be dismissed. For example, the matter could be dismissed if there is not enough evidence.

Our role

Youth Justice is advised whenever a youth is charged with an offence.

If a youth 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 a youth 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 a youth. They may speak to you and the youth 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 the youth to help explain any outcomes. Depending on the outcome, a youth may be directed to have ongoing contact with a local youth justice service centre. Find out more about a youth in court.

Parent or guardian responsibilities

It’s very important for a parent or guardian to attend court with a youth. The magistrate may not hear a youth'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 a youth while in court to help the magistrate make a decision.

If a youth 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 a youth 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 a youth’s hearing.

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