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How do youth courts in England and Wales function? How do youth courts in England and Wales function?
(about 3 hours later)
Youth court system in 'chaos', says children's commissioner
How old are children in the youth court?How old are children in the youth court?
Between 10 and 17. Sometimes 18-year-olds will appear if their case began before their 18th birthday or if they are accused of breaching a referral order imposed before they turned 18.Between 10 and 17. Sometimes 18-year-olds will appear if their case began before their 18th birthday or if they are accused of breaching a referral order imposed before they turned 18.
Youth court system in 'chaos', says children's commissioner
Where are youth courts?Where are youth courts?
Youth courts in England and Wales are held in magistrates court buildings. Some have dedicated youth courtrooms, others just use adult courts. Youth courts in England and Wales are held in magistrates court buildings. Some have dedicated youth courtrooms, but most use adult courts.
How are youth courts different from adult courts?How are youth courts different from adult courts?
They are not open to the public. Unless a child is deemed particularly dangerous or has been remanded (sent to custody while awaiting trial or sentencing), they appear in the main part of the courtroom rather than behind bulletproof glass in the dock. They stand at the front, and can be accompanied by a parent or guardian, or a social worker. If they are under 16 they cannot appear unaccompanied. They are not open to the public. Unless a child is deemed particularly dangerous or has been remanded – sent to custody while awaiting trial or sentencing - they should appear in the main part of the courtroom rather than behind bulletproof glass in the dock. In practice, children often also appear in the dock if they have been arrested on a warrant and brought in from a police station overnight.
Children in the dock is an investigation into the youth justice system in England and Wales, which in 2018 saw 26,881 children aged 10-17 cautioned or convicted of crimes ranging from shoplifting and joyriding to rape and robbery.Children in the dock is an investigation into the youth justice system in England and Wales, which in 2018 saw 26,881 children aged 10-17 cautioned or convicted of crimes ranging from shoplifting and joyriding to rape and robbery.
No other EU country puts such young children on trial. Most other nations do not use an adversarial system which can see children separated from their parents and lawyers via bulletproof glass in what is essentially an adult courtroom with a different sign on the door.No other EU country puts such young children on trial. Most other nations do not use an adversarial system which can see children separated from their parents and lawyers via bulletproof glass in what is essentially an adult courtroom with a different sign on the door.
Officially, the focus in youth courts is on rehabilitation, tackling the underlying causes of youth offending. But although there has been an 88% drop in the number of children cautioned or convicted since 2007, reoffending rates have increased. Just over 40% of children who go to court reoffend within a year; for those sent to youth custody, that figure rises to 71.6%.Officially, the focus in youth courts is on rehabilitation, tackling the underlying causes of youth offending. But although there has been an 88% drop in the number of children cautioned or convicted since 2007, reoffending rates have increased. Just over 40% of children who go to court reoffend within a year; for those sent to youth custody, that figure rises to 71.6%.
Children who end up in trouble now are disproportionately likely to be of black, Asian or minority ethnicity. They are vastly more likely to be in care and they are extremely likely to have ADHD, autism spectrum disorders and communication difficulties. This series examines how the court system deals with these vulnerable children and explores whether there is a better way to break the cycle of offending and help them build productive and fulfilling lives.Children who end up in trouble now are disproportionately likely to be of black, Asian or minority ethnicity. They are vastly more likely to be in care and they are extremely likely to have ADHD, autism spectrum disorders and communication difficulties. This series examines how the court system deals with these vulnerable children and explores whether there is a better way to break the cycle of offending and help them build productive and fulfilling lives.
Who hears the cases?Who hears the cases?
Less serious crimes are heard by a youth court bench of three (occasionally two) magistrates who have been trained in youth justice. They are advised on matters of law by a legally trained clerk who advises on the sentencing options available to them in each case. For more serious crimes, a district judge sits alone. No one wears a wig or a formal gown, unlike in the adult crown court. Cases are either heard by a youth court bench of three or occasionally two magistrates trained in youth justice, or a district judge sitting alone. Magistrates are assisted on matters of law by a legally trained clerk who advises on the sentencing options available to them in each case. No one wears a wig or a formal gown, unlike in the adult crown court.
Why do some children end up in the adult court?Why do some children end up in the adult court?
Children are tried at the crown court in cases of murder, serious firearms offences, some violent or sexual offences, some crimes related to terrorism or anything that would carry a realistic probability of a custodial sentence of more than two years. They also often appear in the crown court if they are accused alongside adults.Children are tried at the crown court in cases of murder, serious firearms offences, some violent or sexual offences, some crimes related to terrorism or anything that would carry a realistic probability of a custodial sentence of more than two years. They also often appear in the crown court if they are accused alongside adults.
Children in handcuffs: a month reporting from youth courtChildren in handcuffs: a month reporting from youth court
What sentences can be passed in a youth court?What sentences can be passed in a youth court?
Youth court magistrates or district judges have the power to sentence children to up to two years on a “detention and training order”, which means the child spends half of the sentence in custody, in a secure training centre, secure children’s home or young offenders institute, and half outside, under the supervision of the local youth justice service. Children aged 10 and 11 cannot be placed in custody, and there is a prohibition too for those aged 12 to 14 who are not persistent offenders. Custody should be used as a last resort and sentences cannot be less than four months, on the basis that short sentences are ineffective and damaging to children. Youth court magistrates or district judges have the power to sentence children to up to two years on a “detention and training order”, which means the child spends half of the sentence in custody, in a secure training centre, secure children’s home or young offenders institute; and half outside, under the supervision of the local youth justice service. Children aged 10 and 11 cannot be placed in custody, and there is a prohibition too for those aged 12 to 14 who are not persistent offenders. Custody should be used as a last resort and sentences cannot be less than four months, on the basis that short sentences are ineffective and damaging to children.
Far more often, children are given a youth referral order (YRO), a community sentence that requires them to attend regular sessions with the local youth justice service for a period of time. Usually this will incorporate some sort of unpaid work and will require them to take up hobbies or activities, and they may be subject to a curfew using an electronic tag. Far more often, children are given a youth referral order, a community sentence in which the court “refers” the child to a youth offender panel convened by volunteer members of the community and held at an informal venue. For subsequent offences they can be given a more onerous youth rehabilitation order, which can include one or more of 18 requirements that the offender must comply with for up to three years. Usually this will incorporate some sort of unpaid work and will require them to take up certain activities, and they may be subject to a curfew using an electronic tag.
For more serious offences, they will be given a YRO with “intensive supervision and surveillance”, which has more onerous reporting requirements. Occasionally, the court can include a fostering requirement as part of the order, which will require the child or young person to reside with a local authority foster parent for up to a year. If the child has done something so serious they need to be imprisoned for longer, they will be committed for sentence at the crown court. Children cannot normally be given life sentences, though the mandatory sentence for a child convicted of murder is detention at her Majesty’s pleasure, which carries a minimum term of 12 years. The youth court can also impose parenting orders on the child’s parents. The court can occasionally include a fostering requirement as part of the order, which will require the child or young person to reside with a local authority foster parent for up to a year. If the child has done something so serious they need to be imprisoned for longer, they will be committed for sentence at the crown court. Children cannot normally be given life sentences. The mandatory sentence for a child convicted of murder is detention at her Majesty’s pleasure, which carries a minimum term of 12 years. The youth court can also impose orders on a child’s parents.
The least serious sentence imposed in the youth court is an absolute discharge, in which no further action is taken but the child still has a criminal record. There is also a conditional discharge, in which no further action is taken unless they commit a further offence within a timeframe decided by the court, which must not be longer than three years. The least serious sentence ipassed in the youth court is an absolute discharge, in which no further action is taken but the child still has a criminal record. There is also a conditional discharge, in which no further action is taken unless they commit a further offence within a timeframe decided by the court, which must not be longer than three years.
How long does a child’s criminal record last?How long does a child’s criminal record last?
If a child has been given a detention and training order of six months or less it becomes “spent” 18 months after the sentence is completed; if their sentence was for more than six months then it will take two years. Some of the most serious convictions, for example rape and murder, remain on record and a child offender will have to continue declaring it to future employers for the rest of their lives. If a child has been given a detention and training order of six months or less it becomes “spent” 18 months after the sentence is completed. If their sentence was for more than six months then it will take two years. Some of the most serious convictions, such as rape and murder, remain on record and a child offender will have to continue declaring it to future employers for the rest of their lives.
Youth justiceYouth justice
Children in the dockChildren in the dock
UK criminal justiceUK criminal justice
ChildrenChildren
Young peopleYoung people
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