The youth justice system in England and Wales plays a crucial role in dealing with children and young people with the aim of preventing young people from offending or re-offending. In England and Wales, the age of criminal responsibility is ten years old, and young people are treated as adults when they turn 18.
There are two principles fundamental to the youth justice system:
- The court shall have regard to the welfare of any child or young person (whether they are an offender, victim or witness).
- Preventing further offending by the young person.
The process in court
Young people between the age of ten and 17 are generally sentenced in the youth court, however in more serious cases, they are sent to the crown court. The contrast between the youth court and adult court, is that proceedings are conducted in “closed court” meaning that only parties involved in the case can attend, apart from the press. Hearings are conducted in a less formal manner, for example the court room is much smaller, the parties present remain seated throughout and the young person is addressed using their first name.
The bench is composed of three magistrates or a district judge who, like the magistrates, are specially trained for youth court. Another difference from adult court is that the bench engages directly with the young person after their solicitor has made representation on their behalf. The young person is asked what their hobbies are with the aim of eventually assisting them to be open and learn from their mistakes.
Also present is the Youth Justice Service comprising one or two Youth Justice Practitioners who are the equivalent of a probation officer in the adult court, they are the link between the young person and the court in that the young person will work with them as long as they are in the court system as a youth.
Sentencing and Remand
There are a range of sentencing options available. Most commonly used is the equivalent of a community order known as a Referral Order, this ranges from three to 12 months and allows the Youth Justice Service to work with the young person by providing support, education and supervision with the aim of the young person’s welfare and to prevent offending.
The next step is a Youth Rehabilitation Order which is a more intense order to address offending that has occurred, and a Referral Order has not been successful.
The final and last resort is a Detention Training Order depending on the age, the young person is sent to a Secure Training Centre or a Young Offenders Institution. The powers of the youth court allow for a period of a minimum of four months to a maximum of 24 months. Unlike an adult court there is no option to impose a suspended sentence, and any sentence over 24 months is sent to the crown court.
In terms of bail for a young person, there are certain criteria that must be met as set out in The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”) in particular sections 92 and 93 if an application is made for a remand into custody.
Surprisingly there are only a very few specific sentencing guidelines available, the rest is based on the adult guidelines with interpretation used, for example an offence that attracts a sentence of six to 12 months custody, a bench would normally half the amount so in this case a starting point would be three months up to six months of custody.
Eligibility
To join the youth panel, you must:
- Have sat in the adult court for at least two years.
- Been appraised as competent on at least one occasion in the adult court in the last four years.
- Observe a youth court on two occasions in the last six months.
You can find more information on the MA website here.
