The youth justice system in England and Wales applies to children and young people aged 10–17. It operates on the principle that the primary aim of youth justice is to prevent offending by children and young people. The procedures, outcomes, and principles are significantly different from the adult criminal justice system.
Age of criminal responsibility
The age of criminal responsibility in England and Wales is 10 — among the lowest in Europe. Children under 10 cannot be prosecuted for any criminal offence. Children aged 10–11 can be prosecuted, but courts are encouraged to use non-prosecutorial responses wherever possible. The Crime and Disorder Act 1998 abolished the presumption of doli incapax — the presumption that children aged 10–13 could not form criminal intent — which previously provided an additional protection for younger children.
The appropriate adult
When a young person is arrested, an appropriate adult must be informed and asked to attend the police station. The appropriate adult is usually a parent or guardian, but can be a social worker or another responsible adult. Their role is to support the young person, facilitate communication, and ensure the interview is conducted fairly. They are not there to act as a legal adviser — that is the role of the solicitor, who must also be present.
Outcomes without prosecution
The youth justice system has a range of pre-court disposals. A youth caution is a formal warning given at the police station; a youth conditional caution includes conditions such as reparation or attendance at a programme. These avoid a criminal record but are recorded and may be disclosed in enhanced DBS checks. Restorative justice — where the young person meets the victim to understand the impact of their behaviour — is increasingly used.
The Youth Court
Most cases involving defendants under 18 are heard in the Youth Court — a specialist magistrates court sitting in private, with specially trained magistrates. The press can attend but cannot report details identifying the defendant without court permission. The Crown Court only deals with the most serious youth cases — homicide and certain grave crimes — or where a young person is jointly charged with an adult.
Sentencing in the Youth Court
Sentences available in the Youth Court range from absolute and conditional discharges, fines, youth rehabilitation orders with various requirements, to detention and training orders of 4–24 months. The emphasis is on rehabilitation and addressing the underlying causes of offending. A pre-sentence report from the Youth Offending Team will be prepared and considered by the court before sentence is passed in all but the most straightforward cases.
Young people and their families need specialist criminal defence solicitors experienced in the youth justice system. The outcomes available are very different from the adult system.