News · Law reform
When a child is tried as an adult in NSW.
This week's NSW organised-crime package would expand the offences for which young people are dealt with in the higher courts, so that children accused of public shootings and firebombings could face adult penalties. Here is how serious children's indictable offences already work, and when a child leaves the Children's Court.
By Aaron Kernaghan · Published 10 September 2026
The starting point: children are dealt with differently.
In NSW a child is a person under 18. Most criminal matters involving a child are heard in the Children's Court, which sentences under the Children (Criminal Proceedings) Act 1987 (NSW). That Act starts from a different place than the adult system. It recognises that children are still developing, that they should be helped back onto a good path, and that a criminal record can do lasting harm to a young life. The minimum age of criminal responsibility is 10, and for a child aged 10 to 13 the presumption of doli incapax applies.
What is a serious children's indictable offence?
There is an exception to the Children's Court system for the most serious offending. The Act defines a category called serious children's indictable offences. It includes homicide, offences that carry life imprisonment or 25 years, aggravated sexual assault, and certain firearm offences. When a child is charged with an offence in that category, the matter is dealt with according to law. That means committal in the Children's Court, then trial or sentence in the District Court or the Supreme Court, like an adult.
The label matters because it decides which court, which procedure, and which sentencing options apply. A serious children's indictable offence takes the young person out of the Children's Court for the finalisation of the matter.
What does the reform change?
On the announcement, the category of serious children's indictable offences would be expanded to cover conduct linked with organised crime, such as public shootings and firebombings. The effect is that young people accused of that conduct would be tried in the higher courts and could face adult penalties if convicted. The stated aim is to respond to reports that organised-crime figures have been contracting young people to carry out violence.
This is a significant shift. Moving an offence into the serious category changes the whole path of the case, from the court that hears it to the sentence that can be imposed. The exact drafting will decide how far the expansion reaches, and that is where the argument will be once the Bill is published.
Does age still count?
Yes. Even in the higher courts, the law does not pretend a child is an adult. Age and immaturity remain relevant to sentence. Courts recognise that young people are more capable of change, that they can be more easily led, and that general deterrence carries less weight against a child than against an adult. Rehabilitation is given particular importance when sentencing a young person. For offences outside the serious category, the diversion options in the Young Offenders Act remain available.
What a parent should do.
If police want to speak to your child, the most important thing is that the child does not take part in an interview without a lawyer and a support person present. Children are especially vulnerable in a police interview. A young person facing a serious charge needs advice immediately, because the early decisions, about the interview, about bail, and about the plea, shape everything that follows.
How the matter moves from the Children's Court.
Even a serious children's indictable offence begins in the Children's Court. That court deals with the committal, which is the process of assessing whether there is enough evidence for the matter to go to trial in a higher court. The child is then committed to the District Court or the Supreme Court for trial or, on a plea of guilty, for sentence. The higher court hears the matter under the general criminal law, but the child's age and the objects of the youth justice system remain in play.
Bail is often the first battle. A young person refused police bail should have a properly prepared application ready for the first court date, with a stable placement and a support plan. Detention is especially harmful to a child, and the law recognises that. A well-built release plan can be decisive.
Why keeping a child in the youth system matters.
Where an offence is not in the serious category, the aim is usually to keep the young person in the Children's Court, where the sentencing options are geared to rehabilitation and where a conviction may be avoided. Whether an offence falls inside or outside the serious category can therefore shape the whole outcome. That is why the expansion announced this week matters so much. Moving conduct into the serious category is not a small change to a label. It changes the court, the procedure, and the range of penalties a child faces.
Frequently asked.
At what age can a child be tried in NSW?
The minimum age is 10. A child under 10 cannot be charged. For a child aged 10 to 13 the presumption of doli incapax applies and must be rebutted by the Crown. Most matters are dealt with in the Children's Court.
What is a serious children's indictable offence?
A category in the Children (Criminal Proceedings) Act 1987 (NSW) covering homicide, offences carrying life or 25 years, aggravated sexual assault and certain firearm offences. These are dealt with in the District or Supreme Court, not finalised in the Children's Court.
Does a child face adult penalties?
In the higher courts, adult sentencing options are available, although age and immaturity remain relevant. The reform would expand the category to include organised-crime conduct such as public shootings and firebombings.
Can a child still get a lighter outcome?
Age and immaturity are always relevant, and rehabilitation carries particular weight for a young person. Diversion may still be available for offences outside the serious category.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 10 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.