The phrase “adult crime, adult time” refers to a policy that advocates for treating juvenile offenders who commit serious crimes as adults in the criminal justice system within Queensland.

However, in the case of the 13-year-old boy charged with attempted murder of a Coles worker recently- this policy appears to have failed or fallen short of its intended purpose.

The “adult crime, adult time” policy does not apply to the 13-year-old boy. The charge of attempted murder is not included in the Making Queensland Safer Act 2024 as one of the 13 serious offences of which the “adult crime, adult time” policy applies.

The Queensland justice system has specific guidelines for determining whether a minor should be tried as an adult.

Children under 10 cannot be held criminally responsible at all. For children aged 10-13, there is a presumption of “doli incapax“- meaning they’re presumed not criminally responsible unless proven otherwise.

For children aged 10-13, the prosecution must prove beyond reasonable doubt that the child understood that their actions were seriously wrong. This involves gathering evidence from parents, teachers, or others who know the child.

Generally, if the offender was under 18 when the crime was committed, they’re dealt with in the youth justice system, even if they’ve turned 18 by the time of charging or sentencing.

The Queensland system generally aims to keep minors within the youth justice system, focusing on rehabilitation rather than punishment, even for serious offences committed by older teen.

Our team at Brooke Winter Solicitors appear daily in criminal courts across Australia. Our role is to sit down with you and work out the strategy that will get you the best possible result in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.