Sentencing youth offenders

If a youth pleads guilty or is found guilty of an offence in Queensland, they will be sentenced.

A pre-sentence report may be carried out to understand the youth and what led to the offence to help the court determine the sentence.

A magistrate or judge may ask for a pre-sentence report to help decide what an appropriate sentence would be.

The report gives the court information about:

• what led to the youth breaking the law
• sentence options
• available programs and support services.

The court must ask for a report if it is considering:

• an intensive supervision order
• a conditional release order
• a detention order.

Interviewing and questions

A Youth Justice officer will interview the youth and their parents or carers to understand:

• why the youth broke the law
• the offence
• how they feel about it
• how the youth feels about any victims
• their family situation
• school or work commitments
• the youth’s behaviour
• any consequences or punishment the youth has already experienced
• the youth’s behaviour since those consequences
• any other information that the court has requested.

The Youth Justice officer may also interview other people.

The interview process usually takes about 3 weeks.

Viewing the report

The Youth Justice officer confirms the final report and the court decides whether anyone can see it.

Copies go to the:

• youth’s solicitor
• police prosecutor
• court.

• Community service order
• Supervised release order
• Probation order
• Graffiti removal order
• Conditional release order
• Intensive supervision order
• Detention order

Community service order

Is unpaid work in the community for a set period:

• up to 100 hours if under 15 years old
• up to 200 hours if over 15 years old.

The Queensland Government organises the work and arranges for the young person to be supervised while they’re doing it. They will also be allocated a Youth Justice officer.

For the court to make this type of order the young person must:

• be 13 years or older
• agree to do community service.

The court can only make this order if the young person is found guilty of an offence that an adult could go to jail for.

Supervised release order

A young person completes about 70% of their sentence in a detention centre before being released into the community on a supervised release order.

Before the release from detention, the young person will need to attend a meeting with a:

• detention centre officer
• Youth Justice service centre officer
• transition officer.

The meeting will be focused on:

• the conditions and activities for the order
• when the young person must report to authorities
• a plan for the release.

Probation order

A probation order helps young offenders find ways to stop offending while they continue to live in the community.

These sentences are usually up to 2 years, sometime 3 years in more serious cases, and involve activities and programs to prevent reoffending.

Graffiti removal order

Is an order for young offenders found guilty of internationally damaging property with graffiti. A graffiti order is a sentence to attend a graffiti removal program, doing unpaid work removing graffiti in the community.

The program involves:

• graffiti removal work in the community
• Youth Justice officer supervision.

The court will decide how much graffiti removal work the young person must do depending on their age.

• 12-year-olds can be sentenced to up to 5 hours graffiti removal work
• 13- and 14-year-olds can be sentenced to up to 10 hours graffiti removal work
• 15-year-olds and older can be sentenced to up to 20 hours graffiti removal work.

Conditional release order

The court may decide not to send the young person immediately to detention and instead make a conditional release order. This means they will be released into the community straight away, to take part in a structured program with strict conditions.

A Youth Justice officer will put together a structured conditional release order program.

The order includes:

• activities to stop reoffending
• work, school or training activities
• activities to help the young person be involved in family and their community in a positive way.

Intensive supervision order

An intensive supervision order is only made if the young person has already been on other orders and they are now at risk of going to detention.

Intensive supervision orders are usually up to 6 months long.

The order includes:

• activities to stop reoffending
• school or an alternative education program
• activities to help the young person be involved in family and their community in a positive way.

Detention order

Is time spent in a youth detention centre and time spent in the community on a supervised release order. The court can order the young person to spend 50—70% of their order in detention and the rest of their time on a supervised release order.

Life in detention follows a set routine and there are rules the young person must follow when they are in detention.

The youth must:

• report to a Youth Justice officer within 1 business day of the order being made
• not break the law
• do the work or all activities agree to in a satisfactory way
• follow all reasonable directions given by the Youth Justice officer or youth worker
• tell the Youth Justice officer within 2 days if they change address, school or job
• not leave Queensland without permission from a Youth Justice officer
• provide a medical certificate if sick and unable to attend community service
• not bring alcohol, drugs, weapons or their friends to the community service.

Managed by: Registry of Births, Deaths and Marriages