As a parent, there’s nothing more frightening than the thought of your child’s future being derailed by one bad decision. In Queensland, children under 18 are dealt with in the youth justice system, but once your child turns 18, they are legally considered an adult and face adult consequences if charged with a criminal offence.
That means any poor judgment or impulsive act at or after 18 could carry serious, lifelong consequences. But even before 18, the right legal advice can prevent a youth charge from turning into a lifelong setback.
If your teenage or young adult child has made a mistake—or you’re worried they might—here’s what you need to know about helping them avoid a criminal record and protect their future.
Recent Changes to Youth Justice Laws in Queensland
In 2024, several key reforms to Queensland’s youth justice laws came into effect. The changes included:
- increased penalties;
- the removal of the principle of ‘detention as a last resort’; and
- alteration of the process for the transfer of 18 year old detainees from youth detention centres.
While these changes are aimed at addressing serious and repeat offending, they also make it more important than ever for parents to understand their child’s rights and options. Navigating the youth justice system now requires even greater awareness and proactive legal guidance to prevent long-term impacts on a young person’s record and future.
Understanding the Age Split in Queensland Law
Under 18? Your child is considered a minor and is dealt with in the youth justice system. This includes the Childrens Court, and there are greater protections aimed at rehabilitation rather than punishment.
18 and over? They’re treated as adults and go through the adult criminal justice system. This includes harsher penalties, greater likelihood of a conviction being recorded, and long-term consequences.
It’s crucial to understand that the youth justice system offers more flexibility—so early intervention before they turn 18 can have a major impact.
Why It Matters: The Consequences of an Adult Criminal Record in Queensland
At 18 and over, a young adult can be charged and sentenced as an adult in Queensland. That means they could face:
- A recorded criminal conviction that appears on police checks
- Barriers to employment or university entry
- Restrictions on international travel
- Issues obtaining visas or professional licences
- A stigma that impacts confidence, mental health, and self-worth
Even relatively minor offences can follow a young adult for years. Early action and informed decisions can make all the difference.
Whilst traditionally children under 18 years of age were subject to lesser penalties than adults, the new changes provide that children who commit specified offences are liable to the same maximum, mandatory, and minimum penalties as adults for specified offences such as murder, manslaughter, robbery, dangerous operation of a vehicle and other serious offences.
Additionally, there are further new laws awaiting proclamation – which should come into effect later in 2025, which state that a child’s criminal history will now include police cautions, restorative justice agreements, variations of community-based sentence orders, and breaches of supervised release orders. These records can follow them into adulthood. Specifically, the minor child’s criminal history may be admitted when they are sentenced as an adult—for up to five years after their last entry. This means that even youth-related matters can impact sentencing for serious adult offences, such as dangerous operation of a vehicle or other aggravating crimes. Parents must be vigilant and act early to avoid long-lasting consequences.
Common Offences Among Older Teens and Young Adults
We regularly advise families where their child between the age of 17-25 is charged with:
- Drug possession or use (e.g. cannabis, MDMA at parties or festivals)
- Sexual assault (often related to parties where intoxication is common)
- Assault or public disturbances (often related to street fights or social altercations)
- Property damage or theft (including shoplifting or vandalism)
- Driving offences (such as unlicensed driving or drink driving)
- Disorderly conduct or resisting police
In many cases, these actions stem from poor decisions, peer pressure, or lack of awareness about legal consequences.
What Parents Can Do to Protect Their Teen or Young Adult
- Start the Conversation Early Talk openly about what happens if someone is charged. Make sure they understand the difference between youth justice and adult court—and what changes once they turn 18.
- Educate Them on the Risks Make sure they understand how even a small criminal record can impact job applications, international travel, rental housing, and future studies.
- Seek Legal Advice Immediately If your child is being questioned, charged, or even mentioned in an investigation, legal advice should be your first step. An experienced specialist Queensland criminal lawyer will be able to:
- Prevent formal charges from being laid
- Negotiate alternatives like cautions, youth justice conferences, or diversion
- Push for sentencing without a conviction
- Build a Strong Case for Leniency We help families gather character references, school reports, employment history, and medical or psychological reports to present a full picture of the young person’s background and prospects.
- Stay Supportive and Present Courts look favourably on strong family support. Let your child know they’re not alone, work closely with your lawyer to attend hearings and show commitment to rehabilitation or change.
Options That Can Avoid a Criminal Record in QLD
In Queensland, there are pathways to avoid a conviction being recorded, especially for young or first-time offenders:
- Good Behaviour Bonds
- Conditional Discharges
- Restorative justice or mediation programs (especially for under 18s)
- Sentencing under s12 of the Penalties and Sentences Act 1992 (QLD) – this allows the court to find guilt but choose not to record a conviction
Each case is assessed individually, so early legal strategy is key.
What If a Conviction Is Recorded?
Even if a conviction is recorded, it may become ‘spent’ over time under the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld). This means it eventually won’t need to be disclosed in most situations. However, this doesn’t apply for more serious offences or roles requiring high-level clearances.
Final Thoughts
It’s confronting. It’s emotional. But you’re not powerless.
As a parent of a teen or young adult in Queensland, you play a critical role in protecting their future. You don’t need to do it alone.
Next Steps
If your child has been charged or is under investigation, don’t delay.
Contact our experienced Queensland criminal defence team for practical, compassionate guidance.
Call (07) 3034 0000 to speak with one of our criminal solicitors
Or if you’re not yet ready to speak with a solicitor, get your free online case appraisal here.
Let’s work together to make sure one mistake doesn’t define the rest of your child’s life.
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. The information was correct at the date of publication, however as the law often changes, we cannot guarantee its accuracy over time. For tailored advice, please call us on (07) 3034 0000.