Harsher youth crime laws now passed in NSW

KEY TAKE-OUTS:

• The Minns Labor Government claimed it found a balance between strict youth crime laws and early intervention.

A New Law Is Passed

Just a few weeks after an independent review recommending a reassessment of the approach to youth justice, the NSW Labor government introduced and enacted the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025.

This new law enables prosecutors to challenge the presumption of doli incapax, which previously assumed that children aged 10 to 14 were not capable of forming criminal intent or understanding the consequences of their actions.

The amendments equip courts with further mechanisms to evaluate both the alleged conduct of the child and the context in which it occurred, assisting in determining whether the child understood the seriousness of their behaviour.

Attorney-General Michael Daley stated that “these legislative changes are intended to benefit both young people and the wider community.”

Differing Opinions

The reforms were introduced following a review led by State Parole Authority chair and former Supreme Court justice Geoffrey Bellew SC, alongside former NSW Police deputy commissioner Jeffrey Loy APM.

In their review, Bellew and Loy endorsed the existing common law approach to doli incapax as outlined by the High Court in RP v The Queen, which places the burden on the prosecution to present evidence to rebut the criminality presumption.

They noted that this principle aligns with broader legal standards regarding mental elements in criminal offences. While acknowledging that proving a child’s state of mind can be difficult, they argued this does not warrant separate legislation for minors.

Bellew and Loy also emphasised that the current framework acts as a crucial safeguard, protecting children aged 10–13 from unjust criminal responsibility and recognising their heightened vulnerability and the profound effects a conviction can have at such a young age.

The updated laws also allow children to access diversion programs if they make a statement that neither admits nor denies the elements of the alleged offence, including when and where it occurred. Previously, only those who admitted guilt were eligible for diversion.

The government announced plans to explore voluntary diversion options for children involved with the justice system, as well as mandatory treatment pathways for those considered high-risk.

What Does This Mean?

The Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 builds upon a range of major initiatives aimed at tackling youth crime, such as:

• Allocating $23 million to enhance targeted programs in Moree, Tamworth, and Kempsey, support for young people released on bail.
• Implementing and broadening a rigorous bail assessment for youths charged with repeated car theft or break and enter offences.
• Establishing a new ‘post and boast’ offence to address performance-related criminal behavior.
• Committing $26.2 million to boost regional community safety, as announced in the previous year.
• Providing over $100 million in extra funding for youth justice services.
• Continuing NSW Police operations, including Operation Soteria and Operation Regional Mongoose, to further address youth offending.

💬 Need clarity on how the new youth justice laws may affect you or a young person you support?
The Children (Criminal Proceedings) and Young Offenders Legislation Amendment Bill 2025 introduces significant changes that affect how children aged 10–14 are treated in the criminal justice system.

If you need guidance on doli incapax, young offender matters, diversion programs, or criminal proceedings involving minors, our experienced Criminal Law Team at Coutts Lawyers & Conveyancers is here to help.

📞 Contact us on 1300 COUTTS to speak with a criminal law specialist today.

Logan joined the Coutts team in July 2024, working with our Criminal and Family teams.

She has completed both a Bachelor of Laws and a Bachelor of Criminology.

Logan’s background in marketing and corporate events has honed her strong time management skills. She has organised and managed large-scale corporate events, such as awards nights, charity events, and corporate partnerships, handling multiple stakeholders and tight deadlines with ease.

Her future professional goals include furthering her learning and spending more time in front of the court.