There are special issues when dealing with children and teenagers. While it is usually the case that minors are either with a legal guardian or are afraid to get involved in confrontation with an adult, there are instances when neither factor applies. Sometimes groups of teenagers can be set on causing trouble.

​

The manner in which they are to be handled is determined by various laws. Of importance, there is a minimum age of criminal responsibility. When someone is too young to understand the criminal nature of their acts, then they cannot be considered to have committed a crime. Even if the effect of their actions is heinous, they are not technically guilty of a crime.

​

Nevertheless if you live/work in a jurisdiction which allows an arrest for the purpose of maintaining order, then you are fee to do so. If you live in a jurisdiction where that allowance is not given, then other means of putting an end to disorderly or harmful conduct must be found.

​

The age of criminal responsibility in New South Wales, Northern Territory, Queensland, Western Australia, South Australia and Tasmania is 10 years. In Australian Capital Territory the minimum age is 14. In Victoria the minimum age is 12.

​

BDO v The Queen is a High Court case in which the concept of moral incapacity was an issue in question. It was recognised that the common law test of incapacity is whether the child actually knew about the moral wrongfulness of their actions. This was compared with the Queensland statute which asks whether the child had the capacity to understand the wrongfulness of their act.[1]

​

Side note: Juvenile irresponsibility is different to a person whose psychiatric condition or temporary state of mind limits their moral judgment. The law does not let anyone off merely for being intoxicated, angry beyond control, or for having a personality disorder, unless they are so intoxicated or psychotically affected (as in severe schizophrenia) as to have no idea what they are doing.

 

The relevant statutes are as follows:

Criminal Code 2002 (ACT), s 25

Children (Criminal Proceedings) Act 1987 (NSW), s 5

Criminal Code Act 1983 (NT), s 38

Criminal Code Act 1899 (Qld), s 29

Young Offenders Act 1993 (SA), s 5

Criminal Code Act 1924 (Tas), s 18

Children, Youth and Families Act 2005 (Vic), s 344

Criminal Code Act Compilation Act 1913 (WA), s 29

​

​

[1]  BDO v The Queen [2023] HCA 16.

 

​​