Youth court procedure - Allocation procedures for youths jointly charged with adults

Learning Outcomes

This article examines the procedures for deciding the trial venue when a youth (aged 10–17) is charged jointly with an adult (aged 18 or over). It outlines the general jurisdiction of the youth court and the specific rules that apply in cases involving co-defendants of different ages. After reading this article, you should understand the key factors influencing whether a youth jointly charged with an adult is tried in the youth court, magistrates' court, or Crown Court, including the seriousness of the offence and the interests of justice.

SQE1 Syllabus

For SQE1, you need to understand the specific procedures governing the allocation of cases involving youths charged jointly with adults. This includes the factors courts consider when determining the appropriate venue, balancing the youth's welfare with the efficient administration of justice. Key areas for revision include:

  • The general principle that youths are tried in the youth court.
  • Exceptions where a youth may be tried in an adult court (magistrates' or Crown Court).
  • The procedure when a youth is jointly charged with an adult for summary, either-way, and indictable-only offences.
  • The concept of 'grave crimes' and its impact on allocation.
  • The 'interests of justice' test for trying youths and adults together.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Where does a case involving a youth jointly charged with an adult usually commence?
    1. Youth Court
    2. Crown Court
    3. Magistrates' Court (adult court)
    4. High Court

  2. True or False: A youth jointly charged with an adult for an indictable-only offence must always be sent directly to the Crown Court alongside the adult.

  3. What is the primary consideration for the court when deciding whether to try a youth jointly with an adult in the Crown Court?
    1. The age of the youth
    2. The preference of the youth's parents
    3. The seriousness of the offence
    4. The interests of justice

Introduction

When a person under 18 (a youth) is accused of committing a criminal offence, the case is normally dealt with in the youth court. This specialist court is designed to handle cases involving young offenders, taking into account their age, maturity, and welfare needs. However, complexities arise when a youth is charged alongside an adult co-defendant for the same offence. In such situations, specific rules determine the appropriate court venue, balancing the principle of trying youths separately with the practicalities and justice considerations of joint trials. This article outlines the allocation procedures applicable in these joint charge scenarios.

Key Term: Youth In criminal proceedings, a person aged 10 or over but under 18 at the time the offence is alleged to have been committed.

Key Term: Allocation The process by which a court determines the appropriate venue (magistrates' court, youth court, or Crown Court) for the trial of an offence, particularly relevant for either-way offences and cases involving youths.

General Principles of Youth Court Jurisdiction

The starting point is that youths should be tried summarily in the youth court, regardless of the offence classification (summary, either-way, or indictable-only). This reflects the principle enshrined in s.44 of the Children and Young Persons Act 1933 that the welfare of the child or young person is of utmost importance. The youth court operates with less formality than adult courts and focuses on rehabilitation.

However, there are exceptions where a youth may be tried in an adult court:

  1. Homicide Offences: Youths charged with murder or manslaughter are tried in the Crown Court.
  2. Grave Crimes: Certain serious offences may be sent to the Crown Court if the youth court's sentencing powers are deemed insufficient.
  3. Joint Charges with Adults: This is the focus of this article.
  4. Turning 18: If a youth turns 18 during proceedings, the court has discretion over venue.

Allocation When Jointly Charged with an Adult

When a youth is jointly charged with an adult, they make their first appearance together in the adult magistrates' court. The procedure for determining the trial venue depends significantly on the classification of the offence and the adult co-defendant's path through the system.

Procedure for Either-Way Offences

If the offence is triable either way (e.g., theft, ABH), the procedure follows these steps in the adult magistrates' court:

  1. Adult Allocation: The court first determines the trial venue for the adult co-defendant using the standard allocation procedure (considering plea, seriousness, and sentencing powers.
  2. Youth Plea: If the adult is sent to the Crown Court for trial (either by magistrates declining jurisdiction or the adult electing Crown Court trial), the youth is then asked to indicate their plea.
  3. Youth Allocation (if Adult sent to Crown Court):
    • If the youth pleads guilty, they are usually remitted to the youth court for sentencing, although the magistrates' court can sentence or commit to the Crown Court for sentence in limited circumstances (e.g., for a grave crime).
    • If the youth pleads not guilty (or gives no indication), the magistrates must decide whether it is 'in the interests of justice' to send the youth for trial with the adult in the Crown Court.

Key Term: Interests of Justice A legal test requiring the court to consider various factors to ensure fairness and efficiency in proceedings. When deciding whether to try a youth jointly with an adult in the Crown Court, relevant factors include the age of the youth, the complexity of the case, the desirability of avoiding inconsistent verdicts, and potential prejudice to the defendants.

  • If the magistrates decide it is in the interests of justice for a joint trial, the youth is sent to the Crown Court with the adult.
  • If the magistrates decide it is not in the interests of justice, the youth's case is remitted to the youth court for trial.
  1. Youth Allocation (if Adult tried summarily):
    • If the adult co-defendant is to be tried summarily in the magistrates' court, the youth (if pleading not guilty) will generally be tried alongside the adult in the adult magistrates' court.
    • If convicted, the youth is usually remitted to the youth court for sentencing.

Procedure for Indictable-Only Offences

If the offence is indictable-only (e.g., robbery, murder, s.18 GBH), the adult defendant must be sent to the Crown Court for trial. Section 51A of the Crime and Disorder Act 1998 dictates that the youth jointly charged must also be sent directly to the Crown Court for trial alongside the adult. There is no allocation hearing for the youth in this scenario.

Procedure for Summary-Only Offences

If the adult and youth are jointly charged with a summary-only offence, the case would typically proceed in the adult magistrates' court for both defendants.

Grave Crimes Exception

Even if the 'interests of justice' test might otherwise suggest remitting a youth (who pleads not guilty to an either-way offence) to the youth court, they may still be sent to the Crown Court if charged with a 'grave crime'.

Key Term: Grave Crime An offence for which an adult aged 21 or over could be sentenced to imprisonment for 14 years or more (e.g., robbery, s.18 GBH). A youth charged with a grave crime may be sent to the Crown Court for trial if the youth court considers its sentencing powers inadequate.

If the youth is charged with a grave crime and the magistrates consider that, if convicted, a sentence significantly exceeding the youth court maximum (currently 24 months' Detention and Training Order) is a real possibility, they may send the youth to the Crown Court for trial, even if the adult co-defendant is tried summarily or pleads guilty.

Worked Example 1.1

Chloe (16) and David (19) are jointly charged with theft (an either-way offence) from a shop. Both appear at the adult magistrates' court. David indicates a not guilty plea. The magistrates accept jurisdiction for David's case, but David elects trial in the Crown Court. Chloe indicates a not guilty plea.

What factors will the magistrates consider when deciding Chloe's trial venue?

Answer: The magistrates must now decide if it is in the interests of justice to send Chloe to the Crown Court for trial alongside David. Factors include Chloe's age, the potential for inconsistent verdicts if tried separately, the complexity of the evidence (likely low for shop theft), and any potential prejudice to Chloe in a Crown Court trial. Given it's a standard theft and Chloe is 16, unless there are specific complexities or strong reasons for a joint trial, they may remit her case to the youth court.

Worked Example 1.2

Ahmed (15) and Bilal (20) are jointly charged with robbery (an indictable-only offence). They appear at the adult magistrates' court.

Where will Ahmed's case be dealt with?

Answer: Robbery is an indictable-only offence. Bilal must be sent to the Crown Court for trial. As Ahmed is jointly charged with Bilal for this indictable-only offence, Ahmed must also be sent directly to the Crown Court for trial alongside Bilal, pursuant to s.51A Crime and Disorder Act 1998.

Safeguards for Youths in Adult Courts

When a youth is tried in an adult court (magistrates' or Crown Court), certain safeguards should be applied to mitigate the disadvantages of the adult setting:

  • Court Adaptations: Procedures may be modified, such as allowing parties to sit rather than stand, and avoiding overly formal language.
  • Reporting Restrictions: Automatic reporting restrictions usually apply to prevent the identification of the youth defendant.
  • Sentencing: If convicted in an adult court, the court generally retains the sentencing powers of a youth court, focusing on rehabilitation, although Crown Courts can impose longer custodial sentences for grave crimes. The Sentencing Children and Young People Definitive Guideline must be followed.

Key Point Checklist

This article has covered the following key knowledge points:

  • Youths are generally tried in the youth court, reflecting the principle that their welfare is of utmost importance.
  • When a youth is jointly charged with an adult, the first appearance for both is in the adult magistrates' court.
  • For indictable-only offences, the youth must be sent to the Crown Court with the adult.
  • For either-way offences, if the adult is sent to the Crown Court for trial and the youth pleads not guilty, the magistrates decide the youth's venue based on the 'interests of justice'.
  • If the adult is tried summarily for an either-way offence, a youth pleading not guilty will generally be tried alongside them in the adult magistrates' court.
  • A youth charged with a 'grave crime' may be sent to the Crown Court even if the adult is not, if the youth court's sentencing powers are deemed insufficient.
  • Safeguards should be implemented when a youth is tried in an adult court.

Key Terms and Concepts

  • Youth
  • Allocation
  • Interests of Justice
  • Grave Crime
The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Barbri SQE
One-time Fee
$3,800-6,900
BPP SQE
One-time Fee
$5,400-8,200
College of Legal P...
One-time Fee
$2,300-9,100
Job Test Prep
One-time Fee
$90-350
Law Training Centr...
One-time Fee
$500-6,200
QLTS SQE
One-time Fee
$2,500-3,800
University of Law...
One-time Fee
$6,200-22,400

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal