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Criminalising children – at what age and what cost?
Sandra Paul
Below are some of the frequently asked questions in relation to youth crime and justice, which we are often asked by parents when their child has been accused of a criminal offence.
The age of criminal responsibility in England and Wales is 10 years old. This means that children under 10 cannot be arrested or charged with a crime.
Children from 10 to 17 years old will be treated as ‘young offenders’ and all but the most serious criminal cases will be dealt with by the youth courts. If the child has committed an offence and an adult was also involved then the court proceedings can be held in either the magistrate’s or the Crown court.
Children under 10 who come to the attention of the police may be asked to attend a ‘safeguarding interview’ following consultation between the police and social services. The interview is designed to provide ‘words of advice’ to the parent and child regarding the child’s future conduct.
Read more about our views on the age of criminal responsibility in our blog here.
Young people aged 18 are treated as adults by the criminal law.
Turning 18 can have a significant impact for any child involved in a criminal case.
If a child turns 18 before they enter a plea at court, their case must be dealt with by the adult courts. A child who turns 18 during a criminal case can continue to have their case heard in a youth court.
If a child turns 18 after they plead guilty or are convicted, but before they are sentenced, they are entitled to receive youth sentences and a court must impose a Referral Order if the compulsory conditions are met.
If a child turns 18 during the court proceedings, the Youth Court has discretion to continue to deal with them or send them to an adult court. In either case, the child’s age at the time of the offence must be taken into consideration. Courts must follow any youth sentencing guideline unless it would be contrary to the interests of justice to do so.
The Court of Appeal has also emphasised that turning 18 is not a ‘cliff edge’ and age remains a relevant factor for young adults, see our blogs on the topic here and here.
Children at the police station should be treated differently from adults and are provided with additional protections, such as the right to an appropriate adult. Children should also be kept separate from adult detainees when they are at the police station (or being transported) and never share a cell with an adult. If at all possible, children should be detained in a room other than a police cell. If the child cannot be released, they should be transferred to local authority accommodation overnight.
If a child is arrested, the police must (in most circumstances) immediately tell the child’s parents or person with parental responsibility for the child that they have been arrested, why they have been arrested and where they are detained.
It is important to seek legal advice at the earliest possible opportunity, particularly for any attendance at the police station, as decisions made in the early stages can have a significant impact on how the cases proceeds.
If a young person is to be interviewed by the police, the law states they must have an “Appropriate Adult” present during the interview. The Appropriate Adult’s role is to facilitate communication between the child and the police and ensure the welfare of the child being interviewed.
In practice this is usually a parent or family member aged over 18 although it can sometimes be a volunteer from an appropriate adult scheme. If the suggested appropriate adult is involved with the case as a potential witness or victim then it would not be appropriate for that person to be the Appropriate Adult.
If a child or young person is charged with an offence then they will be asked to attend the youth court. This is a special type of magistrates’ court for children and young people aged between 10 and 17.
The youth court is arranged to be less intimidating (for instance, children and young people normally sit next to their parent or lawyer rather than in the dock) and the magistrates and district judges have specialist training to deal with children and young people. The law relating to how youths are tried and sentenced differs to adults and can be quite complex depending on the alleged offence and age of the youth. It is important that a youth is represented by a solicitor who specialises in youth crime.
The youth court differs from adult criminal proceedings in a number of ways.
In the youth court, the cases will always be heard by either a magistrate or a District Judge, never by a judge and jury. Unless the child or young person is in custody, they will be seated next to their parent or lawyer rather than in the dock. The child or young person will be called by their first name. Only those directly involved in the case - the prosecutor, the youth offending team, court staff and the defence solicitor - are allowed in court when the case is being heard. Unlike the adult courts, the youth court is private and if the child is under 16 a parent or guardian must accompany them. It is rare for the media to be allowed access to the hearing. Save in exceptional cases, the court will make an order prohibiting the publication of information that might result in the child or young person being identified.
The aim of sentencing in the youth court is to prevent children and young people committing offences in the future. Punishment of the child or young person is a secondary consideration. The court must also consider the welfare of the child; this includes seeking to improve the child’s social circumstances and ensuring that proper provision is made for their education and training. The best interests of the child should always be a primary consideration.
The youth court has a range of sentencing options at its disposal. The vast majority of sentences are carried out in the community and supervised by Youth Offending Service (YOS). A range of custodial sentences are available for children taking into account a child’s age and the seriousness of the offence. These include remand to the care of the local authority in a Secure Children’s Home or Secure Training Centre or detention in a Young Offenders Institution. Custody should only be used as a last resort and is available only to children and young people aged over 12 years.
In particularly serious cases, a child or young person can be sentenced in the Crown Court where a wider range of sentences is available.
Children and young people who commit less serious crimes and are at low risk of reoffending can be offered alternatives to being charged with a criminal offence. These are known as ‘out of court disposals’ and they provide an opportunity for the police to deal with low level offending without relying on formal criminal justice sanctions.
At Kingsley Napley we have particular expertise in identifying when an out of court disposal is the most suitable outcome for our clients which, most crucially, will avoid prosecution and minimises the impact of the alleged offending behaviour on the young person’s future prospects.
Out of court disposals include:
Even if your child was under 18 at the time they committed an offence, the consequences of a conviction can still significantly impact their life. Certain university courses, job roles or volunteering opportunities may require them to undergo a criminal background check, which may include disclosure of convictions or cautions they received as a youth. It could also impact their ability to travel.
Please see our youth crime blogs for further information and regular updates.
Should you have any questions, please contact our team of youth crime solicitors in confidence or call us on +44 (0)20 7814 1200. Our youth crime solicitors are formally trained and experienced in building rapport and trust with your child so that they feel confident in giving instructions and understanding the advice they receive. We view you, their parent, as an essential partner in the process and value your input in resolving your child’s case.
The lawyers on the crime team are relentlessly good at what they do. They have a collaborative approach and are incredibly thorough and detailed in their work."
Chambers UK 2021
The KN team are one of the best known, oldest and highly regarded teams in this area of work. They get first rate work and deliver excellent results."
Legal 500 UK 2021
In dealing with the firm, every aspect was outstanding and of the highest quality."
Chambers UK 2021
Highly collaborative and team based in everything they do. Friendly and down to earth while also being world class. Uniquely able to bring together the brightest and the best but without being pompous or superior in their attitude. Great listeners, hard workers and tactically the best in the business."
Legal 500 UK 2021
A dynamic team that shows great attention to detail."
Chambers UK 2021
KN are exceptional in almost all categories! They are streaks ahead of everyone else and provide a very high level of service. If I were in trouble that’s where I would go. I like the fact they are genuinely committed to providing excellence even on less lucrative cases or on cases of less seriousness. They completely get how serious every case is for a client. They unfailing do the very best for their clients."
Legal 500 UK 2021
Getting in touch with you was the best and single most important step in coping with this situation.
You respected the age of your client in your calm but firm and honest dealing with [my child].
I would not wish my family’s recent experience on anyone but I would view anyone lucky enough to secure your services extremely fortunate."
The minute I spoke to Sandra I knew we were in safe hands. So professional yet created a very relaxed environment for my son."
Gosh I can finally smile again. Thank you so much.”
[My child and I] are both ever so grateful for having crossed paths with you…you were such a pleasure to work with, you so ably guided us through and were an amazing support to us."
Thank you very much for all your work on this case – we as a family are very appreciative of your help and support. You helped us at a very difficult time and we are still grateful. [Our child] has certainly come out of it as well as can be expected and I think he is determined to become a Rock Star solicitor having met you all! He still thinks you are one of the coolest people he’s ever met!"
I was absolutely thrilled [with the outcome] and it has felt like a big weight off my shoulders. These past 4 months have been absolutely horrendous, but ameliorated by being able to rely on all of you to chat and answer questions (however silly). Many thanks to all of you for your hard work. Just saying thank you, feels a trifle insufficient given the gravitas of the situation but I do really mean it."
I am of course very fortunate that my parents had pulled together the resources so I could have my own solicitor, had this not been possible my future would have been very different."
[Our child] will head back to Uni next week and the difference in his mood and outlook is heart-warming. The future is looking bright again."
We cannot thank you enough for all the support, guidance and expertise not to mention the shocking yet amazing outcome."
Your professional approach was incredibly reassuring to us as we were going through a very difficult time. We are so grateful for all the help and support you gave [our child] and ourselves at that time and would unequivocally recommend you to parents and teenagers going through similar situations. "
They stand out because of their ability to stop a case before it gets started. Their commitment, preparation and tenacity set them apart."
Chambers UK 2018
Getting in touch with you was the best and single most important step in coping with this situation.
You respected the age of your client in your calm but firm and honest dealing with [my child].
I would not wish my family’s recent experience on anyone but I would view anyone lucky enough to secure your services extremely fortunate."
The parent of one of our clients
[My child and I] are both ever so grateful for having crossed paths with you…you were such a pleasure to work with, you so ably guided us through and were an amazing support to us."
The parent of one of our clients
Thank you very much for all your work on this case – we as a family are very appreciative of your help and support. [Our child] has certainly come out of it as well as can be expected and I think he is determined to become a Rock Star solicitor having met you all!"
Parent of one of our clients
The care, consideration and professionalism which [our child] was treated with by you, meant what could have been potentially a life changing experience was one where he felt informed, understood and less frightened. I will never be able to thank you enough."
Parent of one of our clients
As we await the release of the Netflix series Adolescence this evening by award winning writer Jack Thorne, I am interested to see how the series will deal with very real, yet often publicly unheard problems of how our criminal justice system, in particular the police, manage children who are alleged to have committed serious offences.
Research reveals overwhelmingly negative experiences of the care system for victims and perpetrators of youth violence.
In March 2023, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) commissioned research on the lived experiences of those who have committed – or experienced – serious youth violence. The findings were published alongside HMICFRS’s report into the policing of these issues and as cross-disciplinary calls increase for a rethink of how serious youth violence is tackled. In a follow-up to his previous blog, Paul Egunjobi looks at the findings.
On 8th March 2023, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) published a report examining how well the police tackle serious youth violence. We look at the report and one of the issues it has highlighted: how Violence Reduction Units (VRUs) are used, and how effectively the police work with VRUs and other partner organisations.
Long delays are an all-too familiar part of the criminal justice system. As highlighted in the recent case of BH v Norwich Youth Court, those delays can have a significant impact on young people, particularly when a defendant turns 18 during the long process. An imminent change in the law may improve the situation but there are wider issues to be solved, too. Partner Sandra Paul and paralegal Emma McGrath look at the issues.
Channel 4’s, Consent, appeared to be a show with something to say; a show that would draw attention to the complexity of sexual allegations involving school aged children as well as the emotional trauma for all caught in its wake.
The Online Safety Bill hit the headlines last week, following its third and final reading in the House of Commons on 17 January 2023. Since its early stages the Bill has provoked an ongoing debate between social media safety groups, who call for the law to do more to protect children, and civil liberties campaigners, who argue that the proposed legislation impinges on the freedom of speech. The latest proposed amendment would make senior managers criminally liable for platforms’ persistent failure to protect children online. Magda Zima considers the potentially wide-ranging impact of this amendment on both companies and senior individuals.
This blog follows the virtual launch of the Youth Justice Legal Centre Legal Guide on children facing sexual offences. During this event, Maeve Keenan discussed Kingsley Napley's contribution to the report, including recommendations on how to appropriately handle these complex cases and protect the child's welfare.
It’s the knock on the door that parent fear, or is it just me? Thankfully, the Courts have provided some valuable guidance about this nightmare scenario.
There are many reasons the police may want to speak to your child, but few occasions where the reason might be urgent enough to justify an unannounced visit and an arrest.
In this blog, we discuss what new police data reveals about the use of Outcome 22 three years after its introduction and the startling disparity of its use by different forces.
As a criminal defence solicitor specialising in defending allegations of sexual misconduct and representing children, the perfect storm that has erupted since the launch of Everyone’s Invited has made me privy to some of the saddest and most distraught children I have ever advised.
The head of the Youth Justice Board has rightly criticised the Government’s plans to raise child custodial sentences. At a time when England and Wales falls behind most European countries in protecting children with the lowest age of criminal responsibility (10), it is inexplicable that the Government is taking a further regressive step by seeking to increase the length of time that children must spend in prison.
Children under 18 years old are afforded a number of special protections by virtue of the fact that they are children in the eyes of the law. These protections fall away when an individual turns 18 and they are legally considered an ‘adult’. For defendants who cross the threshold into adulthood during the criminal process, the impact of reaching this milestone can be profound.
Today JUSTICE has published the latest working party report ‘Tackling Racial Injustice: Children and the Youth Justice System’. I am delighted to have had the opportunity to chair the working party that produced this report. The report makes practical recommendations to reduce BAME disproportionality in the Youth Justice System (YJS) of England and Wales.
David Lammy’s landmark review of racial bias in the Criminal Justice System (‘CJS’), made many key recommendations to help improve trust and fairness in the CJS when it was published in 2017. One of which was to expand the use of the deferred prosecution for adults and young offenders.
The temptation to approach the adjudication of a student complaint as merely an ‘internal process’, is one of the most common errors made by some higher education institutions. The process adopted must be capable of examination by an independent and external eye to ensure that at each stage of the process, the rights of all individuals involved are protected.
Once an allegation is made against a student (or member of academic staff), either by another student, a member of staff or someone outside the university, it is important that that the University takes stock of the issue and acts carefully to ensure fairness to all parties.
University providers owe a duty of care towards staff members and students; this duty takes on particular significance during a disciplinary process and it is essential that Universities provide appropriate and relevant information and support to all parties involved in allegations of misconduct.
What happens when a complaint is made to a University about the conduct of a student or a member of academic staff? What should the procedures for the resolution of these complaints look like and how can all parties be reassured that such allegations will be resolved fairly?
This blog series examines some of the sexual offences encountered by the main characters in the explosive 12-part BBC series, ‘I May Destroy You’. This final instalment focuses on a character called Theo and the events that occurred when she was a youth, during her high school years.
The impact of Coronavirus is significant and far-reaching for all children and young adults. For a youth justice system creaking under strain with serious delays, the lockdown has only compounded the problems and brings a raft of serious consequences. Timely justice is ever more important.
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