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The Youth Court is a special Court that deals with those aged 10-18 years charged with a criminal offence. If your child is under 10 years old they cannot be charged with a criminal offence. But if they are 10 or over they will be treated as a ‘youth defendant’.
The Youth Court deals with all types of criminal offences alleged to have been committed by a young person, apart from the most serious cases such as murder, or some rape or serious violent offences. Unless a defendant aged 10-18 years is charged jointly with an adult, a young person will almost always appear in the Youth Court.
Going to the Youth Court
The Youth Court is often in the same building as the Magistrates Court but there are many differences. The parent, guardian or carer for the child must attend if they are under 17 years of age and there is expectation that they attend even when the young person is 17.
In the Youth Court, the decisions will always be made by either Magistrates or a District Judge, there will never be jury. The defendant will be called by their first name and only those directly involved in the case can be present in Court when the case is dealt with. The Youth Court is private and there is no ‘public gallery’ and the press cannot, unless in exceptional cases, report on cases.
How are sentences in the Youth Court decided?
When a defendant has pleaded guilty or been found guilty of an offence, the Court must impose a ‘sentence’. Before deciding what sentence to impose the Court will often order a Pre Sentence Report. The Youth Justice Service then meet with the young person, and sometimes their parents, to write a report. The Court then read this and use the report to help decide what sentence to impose. Sometimes the case has to be adjourned to another date for the Youth Justice Service to have more time to write the report.
The sentence imposed will depend on lots of factors including:
- Whether the young person pleaded guilty or was found guilty
- How serious the offence is
- The age of the young person
- Whether the young person has committed offences before
- Whether the young person shows remorse/is sorry
- The young person’s personal circumstances or upbringing
What sentence can the Youth Court impose?
There are many different types of sentences available in the Youth Court
- An absolute discharge – where the Court consider no punishment should be imposed.
- A conditional discharge – where the Court imposes no immediate punishment but if the youth person commits another crime they can be sentenced for the first one and the new one.
- Financial order – such as a fine or Compensation order. If a young person is under 16 years then the Court must order the parent or guardian to pay a fine.
- Referral Order – this is the mandatory sentence for most young people who have committed an imprisonable offence for the first time and pleaded guilty. It involves engagement and undertaking various activities/supervision with the Youth Justice Service for a period of up to 12 months. The Court decide the length of the Order and it depends on how serious the offence is.
- Youth Rehabilitation Orders (YRO) – this is a community sentence with requirements. There are many types of requirements available including: supervision, unpaid work, programme requirement, curfew requirement, exclusion requirement, residence, mental health treatment, drug treatment alongside many other requirement options.
- YROs with intention supervision and surveillance or with fostering – these are both a direct alternative to custody. The offence must be imprisonable and cross the custody threshold. This type of Order can only be imposed on a child aged under 15 years of age if they are a persistent offender.
- Custodial sentences – these should only be used as a last resort in the Youth court.
- Detention and Training Order (DTO) – this cannot be imposed on any child under the age of 12 years and can only be imposed for children age 12-14 years if they are a persistent offender. A DTO can be made for between 4-24 months.
- Long term detention – can be imposed by the Crown Court if the young person is found guilty of a grave crime and neither a community order or DTO are suitable.
- Parental Orders – sometimes the Court make an order against the parents or guardians of a young person. This might involve taking part in meetings to help ensure the young person complies with their sentence.
At Churchers we have a team of specialist solicitors that provide advice, assistance and representation for young people at the police station, Youth Court and Crown Court. For more information or advice please contact us on 023 9282 0747
