The violent crimes, including invading someone’s home or injuring a person with a machete, will fall under the proposed Adult Time for Violent Crime Bill.
That means courts will treat these children like adults, so jail is more likely, and sentences are longer.
Premier Jacinta Allan joined Attorney-General Sonya Kilkenny to announce the Bill, which they say will deliver serious consequences for children committing brazen, violent crimes that hurt victims and the community.
It will change the status quo of youth sentencing in Victoria in two main ways – by increasing the likelihood of a jail sentence, and by significantly increasing the maximum length of the jail sentence.
Currently, in the Children’s Court, 34 per cent of children and young people sentenced for aggravated home invasion or aggravated carjacking offences go to jail.
But when they are sentenced for the same crimes in an adult court, 97 per cent go to jail.
Under the Bill, children 14 and above must face adult sentencing in an adult court - the County Court - for the violent crime.
As part of the plan, the Victorian Government will further increase the maximum jail sentence for aggravated home invasion and aggravated carjacking.
The crimes that will be subject to Adult Time for Violent Crime are aggravated home invasion, home invasion, intentionally causing injury in circumstances of gross violence, recklessly causing injury in circumstances of gross violence, aggravated carjacking, and carjacking, as well as serious and repeated instances of aggravated burglary or armed robbery.
The first five crimes will be removed from the jurisdiction of the Children’s Court, and the matter will face full trial and sentencing in the County Court.
Carjacking will also be heard in the County Court by default unless there are substantial and compelling reasons for a matter to stay in the Children’s Court.
Legislative guidance will confirm that aggravated burglary and armed robbery offences should be heard in the County Court if they are serious and repeated.
Children specifically aged 14 may be tried and sentenced in the Children’s Court, and excluded from Adult Time for Violent Crime, in substantial and compelling circumstances, such as them having a cognitive disability.
Premier Jacinta Allan said the Victorian Government was introducing the Bill because there were “too many victims (and) not enough consequences”.
“We want courts to treat these violent children like adults, so jail is more likely and sentences are longer.”
“This will mean more violent youth offenders going to jail, facing serious consequences.”
Attorney-General Sonya Kilkenny said adult courts put more emphasis on victims, violence and community safety.
“There are no easy solutions to youth crime, and the best approach is always to stop crime before it starts,” she said.
“But we absolutely need serious consequences for violent youth crime to protect the community now.”
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