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In some circumstances, an offence may be committed by someone when they were a child (under 18), but they are not sentenced until they become an adult. This could be because the investigation started when they were under 18 and they then turned 18 before being formally charged, or because they were accused of the crime many years after the actual offence happened (historic allegations).
In the justice system, children are sentenced very differently from adults because it has been recognised that they are less culpable and less morally responsible for their actions compared to adults. They are less developed, which can impact their decision-making and risk-taking behaviour. The aim when sentencing children is to prevent reoffending and have regard to the welfare of the child. Custodial sentences should therefore be a last resort.
When sentencing an adult for offences they committed as a child, the Court must follow the Sentencing Children and Young People Definitive Guideline, which is the guideline Courts use when sentencing children. This guideline must be followed regardless of the age of the defendant at the time of their sentence, unless the Court is satisfied that it would be contrary to the interests of justice to do so. The starting point for the Court when sentencing is to look at the sentence that was likely to have been imposed had the defendant been sentenced shortly after the offence was committed (whilst they were still a child). The Court must also take an individualist approach to sentencing and focus on the child rather than the offence.
If the Court is satisfied that the offence is so serious that it crosses the custody threshold and that no other sentence aside from prison would be appropriate, the Court may then look at the adult sentencing guidelines to help determine the sentence they should impose. If they take this approach, they will start by looking at the prison sentence they would have imposed had the defendant committed the offence as an adult. They may then feel it appropriate to apply a level of discount to reflect the youth of the defendant at the time. The approach often taken is a reduction of half to two-thirds for defendants who were aged between 15 and 17 at the time, with a greater reduction for those who were aged under 15. Please note that this is not a rule but more of a rough guide.
Sentencing an adult for an offence they committed as a child is often a complex exercise and is not an exact science. We would strongly advise you to obtain legal advice if you do find yourself in this position.
To find out more about our legal services or to speak to one of our specialist criminal defence solicitors on 023 9282 0747.