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Being charged with a criminal offence can be difficult to process at any age, but especially so if you are a child or a young person. The criminal justice system in the UK treats children and young people differently to adults.
If you are under 18, but aged over 10, and charged with a criminal offence, the prospect of going to Court can be extremely daunting. Your case will be taken to a Youth Court, also known as a juvenile court, which is a type of magistrates’ court that deals with the criminal cases of young people. Because of your age, your identity cannot usually be disclosed outside of court and reporting restrictions mean that factors including your name, home address or school cannot be made public, nor can photographs which may identify you. These restrictions may be challenged particularly by the media. We have a team of expert solicitors who have many years of experience of representing young people who have found themselves in trouble with the law and offering support and guidance during their case. They are ready to discuss your case and what to expect during criminal cases in youth court as a young person.
Youth courts deal with a range of offences involving young people, including theft, anti-social behaviour, sex and drug offences. Youth crime involving more serious offences can be dealt with in youth court, but are usually transferred to Crown Court. However, sometimes, you might be dealt with outside the court system, depending on the severity of your crime, and given an out of court disposal and you could be formally cautioned or warned by a police officer, and this will be recorded as a criminal record. Our specialist Youth Court solicitors can give answers to any questions you may have throughout the process of your case.
In youth court, there is no jury, so the magistrates or District Judge will decide whether you are guilty or not guilty. After they have listened to all the evidence surrounding your charge and if they find you are guilty, they will decide what sentence to give you. For expert youth representation throughout the duration of your case, we would advise that you contact one of David Gray’s Youth Court solicitors to advise and support you through the proceedings.
You may have some questions about youth court and what the process of going through the youth justice system is like. Here are some answers to frequently asked questions which may assist you until your appointment:
What is a youth court?
A youth court is a special type of magistrates’ court that deals with criminal cases involving young people aged 10 to 17. It aims to create a less intimidating and more supportive environment for children and young people than adult courts. A youth court may also be referred to as a juvenile court.
At what age can a child be charged with an offence in England and Wales?
The age of criminal responsibility in England and Wales is 10. This means children under 10 cannot be charged with a crime, but those aged 10 to 17 can be arrested, taken to youth court – one of several criminal courts – and sentenced if found guilty.
How is a youth court different from an adult court?
Youth courts are less formal, with defendants addressed by their first names. Members of the public are not generally allowed in without permission, and there is no jury. Instead, cases are heard by either three trained volunteer magistrates or a district judge. Parents or guardians must attend if the defendant is under 16, and sometimes for older teenagers if ordered by the court.
If you are a young person under 18 but have been charged of a crime jointly with an adult, the court will decide whether you will be tried alongside the adult co-defendant in the adult court.
Can the public or media attend youth court hearings?
The public is not permitted to attend without specific permission. The media may attend but cannot publish any details that would identify the young defendant, including name, address, or school. These reporting restrictions may be challenged after the case has concluded.
What types of cases are heard in a youth court?
Youth courts handle a variety of criminal cases, like offences such as theft, drug offences, sexual offences and anti-social behaviour. Very serious cases, like murder or rape, begin in a youth court but can then be passed to the Crown Court.
What kinds of sentences can a youth court give?
Sentences depend on factors like the age of the young person, the seriousness of the crime, and previous offending history. Youth courts can impose community sentences or Detention and Training Orders (DTOs) as a punishment for youth crime. Community sentences focus on rehabilitation and reparation, while DTOs involve time spent in a secure facility followed by supervised time in the community.
Community sentences for young people include:
- Referral Orders: A panel of community members and youth justice workers creates a tailored program to help change the young person’s behaviour.
- Reparation Orders: The offender makes amends to the victim or community, which can involve apologizing or other restorative actions.
- Youth Rehabilitation Orders: The court sets conditions for up to three years that the young person must follow, helping steer them away from further wrongdoing.
DTOs split the sentence into two parts. The first half is served in a secure institution (such as a young offender institution or secure children’s home), and the second half is served in the community under supervision. DTOs can last from four months up to two years.
Can I appeal my sentence or conviction?
Should you disagree with the court’s verdict, you may be able to appeal it. We can provide you with information on how to do this and our specialist Youth Court solicitors can offer guidance on advice if you choose to appeal your sentence or conviction.
Can young offenders be required to apologise to their victims?
Yes. Part of a community sentence may involve apologising, either in writing or, if the victim agrees, meeting face-to-face to offer an apology and hear the victim’s perspective.
What is the Youth Justice Service?
This service was previously known as the Youth Offending Team (YOT). The Youth Justice Service offers support to children and young people who have offended, and help with preventing them from getting into further trouble. The service works with parents and carers, as well as young people and several organisations, to offer support to young offenders as well as victims of youth crime.
What happens in more serious cases or murder convictions for young people?
More serious crimes can lead to extended sentences or, in the case of murder, Detention at His Majesty’s pleasure which is the equivalent of the mandatory life sentence for adults. The court would order a minimum period before parole is considered, which is normally less for a youth than an adult. After release, the individual remains under supervision, often for life, with strict conditions to prevent further offending.
Contact Us
At David Gray, we have a team of Youth Court solicitors who can assist with youth crime cases for children and young people. If you have any further questions, or are charged with a criminal offence and require expert legal advice about your situation,please call to book an appointment with one of our team of Youth Justice Specialist Solicitors.
