Youth court procedure - Jurisdiction and handling of grave crimes

Learning Outcomes

After reading this article, you will be able to explain the jurisdiction of the youth court, identify when grave crimes require referral to the Crown Court, and outline the key procedural and sentencing considerations for young offenders. You will also be able to apply these principles to SQE1-style scenarios and avoid common exam pitfalls relating to youth justice.

SQE1 Syllabus

For SQE1, you are required to understand the jurisdiction of the youth court and the handling of grave crimes involving young offenders. In your revision, focus on:

• the age limits and statutory basis for youth court jurisdiction
• the criteria for referring grave crimes to the Crown Court
• the process for determining whether a case remains in the youth court or is sent to the Crown Court
• the sentencing powers and options available in the youth court
• the impact of joint charges with adults and the handling of homicide and serious offences

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. At what age does criminal responsibility begin in England and Wales, and what is the upper age limit for youth court jurisdiction?
2. What is a "grave crime" in the context of youth court procedure, and what test must the court apply before sending a youth to the Crown Court?
3. When must a youth be sent to the Crown Court for trial, regardless of the youth court's view?
4. What are the main sentencing options available to the youth court, and what is the maximum custodial sentence it can impose?

Introduction

When a young person is accused of a criminal offence, the case will usually be heard in the youth court. However, there are important exceptions—especially for grave crimes—where the youth court may not have sufficient sentencing powers or where the law requires referral to the Crown Court. Understanding the boundaries of youth court jurisdiction and the process for handling serious offences is essential for SQE1.

Youth court jurisdiction: age and statutory basis

The youth court is a specialist branch of the magistrates’ court that deals with defendants aged 10 to 17. Children under 10 cannot be prosecuted for criminal offences.

Key Term: youth court A specialist magistrates’ court that hears criminal cases involving defendants aged 10 to 17.

Key Term: age of criminal responsibility The minimum age at which a person can be prosecuted for a criminal offence in England and Wales—currently 10 years old.

The relevant statutory framework includes the Children and Young Persons Act 1933 and the Magistrates’ Courts Act 1980. The youth court’s jurisdiction is determined by the defendant’s age at the date of the first court appearance, not the date of the alleged offence.

Youths turning 18 during proceedings

If a defendant turns 18 after proceedings have started in the youth court, the court may retain jurisdiction or remit the case to the adult magistrates’ court. The youth court retains full sentencing powers even if the defendant has turned 18 before sentence.

Grave crimes: definition and referral to the Crown Court

Some offences are so serious that the youth court’s sentencing powers may be inadequate. These are known as "grave crimes."

Key Term: grave crime An offence punishable in the case of an adult with 14 years’ imprisonment or more (e.g., robbery, rape, aggravated burglary, serious violent or sexual offences).

Key Term: Crown Court referral The process by which the youth court sends a case to the Crown Court for trial or sentence due to the seriousness of the offence or the inadequacy of its own sentencing powers.

The youth court must consider whether its maximum sentence (usually a detention and training order of up to 24 months) is sufficient. If not, the case should be sent to the Crown Court.

Statutory triggers for Crown Court referral

A youth must be sent to the Crown Court for trial if charged with:

• homicide offences (murder, manslaughter, attempted murder)
• certain firearms offences (where a mandatory minimum applies and the youth is 16 or over)
• a grave crime, if the court considers there is a real prospect that a sentence exceeding two years’ detention will be required

The "real prospect" test

Before sending a youth to the Crown Court for a grave crime, the youth court must be satisfied that there is a real prospect (not just a theoretical possibility) that a sentence exceeding two years’ detention will be imposed. The court must consider the facts, the youth’s previous convictions, and the Sentencing Council’s guidelines.

Worked Example 1.1

A 15-year-old is charged with aggravated burglary. The youth has no previous convictions, and the facts suggest a group entry into a house with threats but no serious injury. Should the youth court retain jurisdiction?

Answer: The youth court should consider the Sentencing Council guidelines. If the facts and the youth’s record suggest a sentence of two years or less is likely, the youth court should retain the case. If there is a real prospect of a longer sentence, the case must be sent to the Crown Court.

Jointly charged with adults and other special cases

If a youth is jointly charged with an adult, the case will usually start in the adult magistrates’ court. The court must then decide whether to send the youth to the Crown Court with the adult (if the adult is sent there) or remit the youth to the youth court. The interests of justice and the need for a fair trial are key considerations.

Key Term: joint trial A trial in which a youth and an adult are tried together, usually in the Crown Court if the adult is sent there for a related offence.

Key Term: interests of justice test (youths and adults) The test applied to determine whether a youth should be tried jointly with an adult in the Crown Court, considering fairness and the complexity of the case.

Sentencing powers of the youth court

The youth court’s sentencing options are focused on rehabilitation and welfare, but also include custodial sentences for serious offences.

Key Term: detention and training order (DTO) A custodial sentence for youths aged 12–17, combining detention with training, for a period of 4 to 24 months.

Key Term: referral order A community-based sentence requiring the youth to attend a youth offender panel and agree a contract to address offending behaviour.

Key Term: youth rehabilitation order (YRO) A flexible community sentence for youths, which may include supervision, curfew, education, and other requirements.

The maximum custodial sentence the youth court can impose is usually a DTO of up to 24 months. For grave crimes, if the court considers this insufficient, the case must be sent to the Crown Court.

Worked Example 1.2

A 16-year-old with previous convictions is convicted of robbery involving a weapon and serious injury. The youth court believes a DTO of 24 months is not enough. What should happen?

Answer: The youth court must send the case to the Crown Court for sentence, as its powers are insufficient for the seriousness of the offence.

Procedure for handling grave crimes

The youth court must:

1. Assess the seriousness of the offence and the youth’s record.
2. Apply the "real prospect" test—would a sentence over two years be likely?
3. If yes, send the case to the Crown Court for trial or sentence.
4. If no, retain jurisdiction and proceed to sentence within its powers.

Exam Warning

For SQE1, always identify whether the youth court’s sentencing powers are sufficient before deciding if a case must be sent to the Crown Court. Do not assume all serious offences require referral—apply the statutory test to the facts.

Sentencing guidelines and youth justice principles

The Sentencing Council’s "Sentencing Children and Young People: Definitive Guideline" requires courts to focus on:

• the principal aim of preventing offending by children and young people
• the welfare of the child or young person
• the youth’s age, maturity, and circumstances
• the seriousness of the offence and the likelihood of further offending

Custody is a last resort. The court must consider all community options before imposing a DTO.

Revision Tip

When answering SQE1 questions, always consider the youth’s age, previous record, and the facts of the offence before deciding on jurisdiction or sentence.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The youth court deals with defendants aged 10–17, except for homicide and certain serious offences.
• Grave crimes are offences punishable in the case of an adult with 14 years’ imprisonment or more.
• The youth court must apply the "real prospect" test before sending a grave crime to the Crown Court.
• If the youth court’s sentencing powers are insufficient, the case must be sent to the Crown Court.
• Sentencing in the youth court prioritises rehabilitation, but custodial sentences are available for serious offences.
• When a youth is jointly charged with an adult, the court must consider the interests of justice before sending the youth to the Crown Court.

Key Terms and Concepts

• youth court
• age of criminal responsibility
• grave crime
• Crown Court referral
• joint trial
• interests of justice test (youths and adults)
• detention and training order (DTO)
• referral order
• youth rehabilitation order (YRO)