It is every parent’s nightmare. The phone rings late at night. It is the police. Your child has been arrested and is being held at the watchhouse.
In the past, parents might have expected a caution or a “slap on the wrist.” But the landscape of youth justice in Queensland has shifted dramatically. With the full implementation of the “Adult Crime, Adult Time” laws under the Making Queensland Safer Act, the rules have changed.
If your child is facing assault charges, they are no longer automatically protected by the old principle of “detention as a last resort.” The courts now have tougher powers to detain young people, especially for violent offences.
For families in Far North Queensland, understanding these changes is critical. A mistake in the early stages, like agreeing to a police interview without legal advice, can lead to a criminal record that follows your child into adulthood. For immediate assistance, contact our Criminal Lawyers team.
This guide explains the new penalties for youth assault charges, what “Adult Crime, Adult Time” actually means, and how to protect your child’s future.
Table of Contents
The “Adult Crime, Adult Time” Shift
The most significant change in 2026 is the legislative push for “Adult Crime, Adult Time.”
Previously, the Youth Justice Act 1992 capped sentences for children, recognising their immaturity. Now, for 33 prescribed serious offences, including serious assault charges and dangerous driving, children can face the same maximum penalties as adults.
What this means for parents:
If your 16-year-old is charged with a serious violent offence (like Grievous Bodily Harm), the Magistrate is no longer restricted to “youth-specific” sentencing caps. They can impose sentences that reflect the gravity of the physical harm caused, just as they would for an adult offender.
For a full list of the 33 offences, you can view the Making Queensland Safer government breakdown.
Types of Assault Charges in Youth Court
Not all assault charges are the same. The police will grade the charge based on the injury sustained by the victim.
Common Assault
This is the least serious form. It involves a threat or physical contact that causes no lasting injury (e.g. a push or a slap). While minor, it still requires a court appearance.
Assault Occasioning Bodily Harm (AOBH)
This is the most common charge we see in the Cairns Childrens Court. It applies if the victim suffers an injury that interferes with their health or comfort (e.g. bruising, cuts, or swelling).
- Under the new rules, AOBH is treated with increasing severity, especially if it occurred in company (with a group of friends).
Grievous Bodily Harm (GBH) / Unlawful Striking
These are life-changing charges. GBH involves injuries of such severity that, without medical intervention, they would endanger life or cause permanent injury or disfigurement. “Unlawful Striking Causing Death” (Coward Punch) carries mandatory minimum periods of detention, even for children.
The “Serious Repeat Offender” Declaration
If your child has been in trouble before, they are at risk of being declared a Serious Repeat Offender (SRO).
This is a specific legal status. The prosecution applies for it if a child has a history of detention orders. Once declared an SRO, the court’s primary focus shifts from “rehabilitation” to “protecting the community.”
Impact on Assault Charges:
If an SRO faces new assault charges, the likelihood of getting bail drops significantly. The court is legally mandated to prioritise community safety over the child’s freedom.
Breach of Bail: Now a Criminal Offence
For many years, breaching bail (e.g. missing a curfew) was just a reason to revoke bail. It wasn’t a separate crime.
That has changed.
It is now a criminal offence for a child to breach a condition of their bail.
- If your child sneaks out at night while on bail for assault charges, they can be arrested and charged with a fresh offence: “Breach of Bail.”
- This creates a “snowball effect.” A child might be innocent of the original assault but ends up in detention because they kept breaking curfew.
Removal of “Detention as a Last Resort”
Historically, the Youth Justice Act contained a core principle: a child should only be detained in custody as a “measure of last resort.”
Recent amendments have removed this principle for serious offenders. Magistrates in Cairns are now empowered to use detention as a “first option” if the nature of the assault charges involves significant violence or if the child is an unacceptable risk to the public.
This has led to higher numbers of children being remanded in custody at the Cleveland Youth Detention Centre while awaiting trial.
The Role of the Cairns Childrens Court
The Cairns Childrens Court (located within the Magistrates Court building on Sheridan Street) is where these matters are heard.
While the process is closed to the general public to protect the child’s identity, the “Making Queensland Safer” laws have opened the door for victims and media in certain circumstances.
Restorative Justice
For first-time offenders facing minor assault charges, we can often advocate for Restorative Justice. This is a process where the child meets the victim (if appropriate) to apologise and make amends. Successful completion can result in the police withdrawing the charge or the court imposing no penalty.
Why You Must Call a Lawyer Before the Interview
The biggest mistake parents make is thinking, “My child is honest; they should just tell the police what happened.”
Do not do this.
Police are trained investigators. They are gathering evidence to support assault charges. What your child admits in that recorded interview will be used against them.
- “I only hit him because he pushed me first.” (This admits the assault and might fail as self-defence).
- “I was there, but I didn’t touch him.” (This places them at the scene, potentially leading to “being a party to an offence” charges).
You have the right to speak to a lawyer before any questioning. Use that right.
Protect Your Child’s Future
A criminal record for violence can stop your child from getting a job, travelling for example, to the USA, or joining the ADF. When facing assault charges, you need a team that understands the specific nuances of the Youth Justice system.
Don’t face the Childrens Court alone.
Contact Mansia Bovey & Co Lawyers today on (07) 4035 8300 or visit our Cairns office for immediate advice.
Frequently Asked Questions
Will my child go to jail for assault charges?
Under the new “Adult Crime, Adult Time” laws, detention is a real possibility for serious assault (AOBH or GBH), especially if the child has a history of offending. For first-time offenders with minor charges, we fight hard for probation or Restorative Justice to avoid detention.
Can parents be fined for their child’s crimes?
Generally, no. Parents are not criminally liable for their child’s actions. However, the court can order parents to attend court or participate in family conferences. In rare cases, if a parent wilfully neglects their duty to supervise, other agencies may become involved.
What happens if my child turns 18 in detention?
New laws mandate that if a detainee turns 18 while in a Youth Detention Centre, they must be transferred to an adult correctional centre (prison) to serve the remainder of their sentence. They do not get to stay in the youth system.
What is a “Section 29” admission?
This allows a child to admit to an offence without it proceeding to a formal conviction record immediately, often facilitating a Restorative Justice referral. It is a strategic tool we use to divert children away from the court system.
Does a youth record last forever?
Not always. Many youth findings of guilt are not “recorded convictions.” However, “Adult Crime, Adult Time” offences may leave a permanent mark. Furthermore, police and courts can still see a person’s youth history when sentencing them as an adult later in life.
Can I sit in the interview with my child?
Yes. A parent or support person must be present for a police interview with a child. However, your role is to support them, not to answer for them. We strongly recommend having a lawyer present as well.
What if the other child started the fight?
Self-defence is a valid defence to assault charges. If your child acted reasonably to protect themselves from immediate danger, they may be found not guilty. We can review CCTV and witness statements to build this defence.