What is the Youth Justice System?
DEFINITION
Youth Justice System
The Youth Justice System is a section of the UK criminal justice system that only handles children between the ages 10-17 who are suspected of having committed a criminal offence.
The aim of the Youth Justice System is to protect children under criminal investigation from trauma, to prevent offending and/or re-offending and to encourage diversion and rehabilitation from the criminal justice system.
Timeline of Youth Criminal Proceedings
As with all criminal cases, youth cases will be approached and assessed on an individual basis, taking into account the specific circumstances of the alleged offence and of the child in question.
As a general overview, the following provides a timeline of how a typical investigation into youth offending may take place:
- Arrest – this is where the child is arrested, detained and interviewed at the Police Station. Alternatively, the child may be invited to attend a voluntary interview, meaning they will be given a date and time and can make their own way to the Police Station.
- Interview – this is where the arrested child has the opportunity to give their account of the events. An appropriate adult is required to be present during a Police Interview with a child. It is essential that a solicitor is consulted both before and during a police interview to ensure the child receives expert legal advice and representation.
- Police Investigation – this is when the Police will investigate the alleged offence(s) and collect evidence. This may include witness statements, statements from experts and/or analysis of samples.
- Charging or Diversion – this stage within youth criminal proceedings varies from that of adults. With children, there is a greater emphasis on diverting them away from the criminal justice system and promoting rehabilitation. When it comes to charging, Police may choose to:
- Take no further action (NFA)
- Impose a Youth Caution or Youth Conditional Caution. This is imposed for minor offences and avoids court involvement (out-of-court-disposal). Although this is not a conviction, it will go on a child’s criminal record.
- Formally charge the individual. If the offence is considered serious enough, the child will be charged and the case will proceed to court.
- Court – youth proceedings will typically take place in the Youth Court, with only the most serious offences proceeding to the Crown Court. Here, the child may choose to plead guilty or not guilty to the alleged offence.
- Sentencing – if a guilty plea is entered or a guilty verdict is reached, the child will be sentenced. The type of sentence and the severity will vary from adult sentences. Options include referral orders, youth rehabilitation orders or in serious cases, custodial (prison) sentences.
What is Youth Court and how is it different from the adult court?
DEFINITION
Youth Court
A type of Magistrates’ Court which exclusively hears cases relating to youth offences. These cases are either heard by three Magistrates or a single District Judge sitting alone.
Proceedings within the Youth Court differ from a regular Magistrates’ Court, in that they are designed to be less formal: the public aren’t permitted to enter, and the Defendants are addressed by their first name.
More serious offences can be transferred to the Crown Court but are often dealt with in the Youth Court. However, offences such as homicide and firearm offences must appear within the Crown Court.
If the Defendant is under the age of 16, a parent/guardian/carer is required to attend all court proceedings with them.
What is the Youth Justice Service?
The Youth Justice Service (YJS), previously referred to as Youth Offending Team (YOT), is a multi-agency team that works to support children who have come into contact with the criminal justice system. Youth Justice Services are part of the local council and are separate from the Police and the Courts.
What is the role of Youth Justice Services?
Youth Justice Services are required to:
- Supervise children on out-of-court disposals (OOCDs) and youth sentences
- Provide appropriate adults for children who have been detained or are being interviewed at the Police Station
- Provide support to children on bail
Other work carried out by the Youth Justice Services includes supervising rehabilitation orders and programmes, implementing referral orders, giving and supervising cautions and conditional cautions and giving recommendations for pre-sentence reports.
Can children be sentenced to prison?
Yes, children can receive a prison sentence. However, the Youth Justice System aims to divert children away from custody or prison unless it is absolutely necessary. This means that children will only receive a prison sentence if they have committed a serious offence and no other sentence is appropriate for the situation.
Custody for children is not the same as it is for adults. Time in custody is spent:
- In education,
- Learning skills to get a job or to return to education,
- Taking part in programmes to help with issues that may have contributed to their offending, or
- Participating in sport, fitness and other activities.
There are three types of custody for children:
How can Lawtons help?
If a child is being investigated for a criminal offence, it is essential that they receive specialist legal advice from youth justice experts as soon as possible. Children are entitled to legal representation throughout criminal proceedings.
At Lawtons, we have a team of experienced lawyers who specialise in youth criminal proceedings. If you need advice or would like us to attend at the Police Station, contact us on 0333 577 0522 or visit our enquiries page.
FAQs about the Youth Justice System
At what age can children be arrested?
What is the Child First approach in youth justice?
What is an appropriate adult?
