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If you are under 18, and charged with a criminal offence, the prospect of going to Court can be extremely daunting. This is why we would advise that you contact David Gray Solicitors and ask one of our experts in Youth Justice to advise and support you through the proceedings.
Here are some answers to some 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 than adult courts.
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 court, 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.
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 offences such as theft, burglary, drug offenses, and anti-social behaviour. Very serious cases, like murder or rape, begin in a youth court but can then 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). 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 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 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
If you have any further questions, or are charged with a criminal offence, please call 0191 232 9547 to book an appointment with one of our team of Youth Justice Specialist Solicitors
