Learning Outcomes
This article outlines the key aspects of youth court procedure and sentencing applicable to children and young people in England and Wales. It explains the jurisdiction of the youth court, the allocation of cases involving young offenders, and the primary sentencing options available. After studying this material, you should understand the distinct approach taken towards young offenders, focusing on their welfare and the prevention of reoffending, as required for the SQE1 assessment. This knowledge will enable you to identify and apply relevant principles in scenario-based questions.
SQE1 Syllabus
For SQE1, you are required to understand the specific procedures and sentencing framework applicable to young offenders (aged 10-17). This includes appreciating the differences between the youth court and adult courts, and the distinct sentencing disposals available. Your understanding will be tested on your ability to apply these rules to practical scenarios.
Key areas covered in this article relevant to the syllabus include:
- The jurisdiction of the youth court, including age limits and the handling of grave crimes.
- The procedure for allocating cases involving youths, particularly when jointly charged with adults.
- The overarching principles guiding the sentencing of children and young people, focusing on welfare and preventing reoffending.
- The main sentencing disposals available in the youth court, such as Referral Orders, Youth Rehabilitation Orders (YROs), and Detention and Training Orders (DTOs).
- The role of Youth Offending Teams (YOTs) in the youth justice process.
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.
- What is the age range for offenders typically dealt with in the Youth Court?
- True or False: The primary aim of sentencing in the Youth Court is punishment.
- Which sentencing disposal is mandatory for most first-time young offenders pleading guilty?
- What does DTO stand for in the context of youth sentencing?
Introduction
The approach to young people who offend differs significantly from that applied to adults within the criminal justice system of England and Wales. Special procedures and sentencing options apply, primarily governed by the Children and Young Persons Act 1933 (CYPA 1933) and the Crime and Disorder Act 1998 (CDA 1998). Understanding the jurisdiction of the youth court, how cases involving young offenders are allocated, and the specific sentencing guidelines is essential for criminal practice. The fundamental principle governing the youth justice system is the welfare of the child or young person, alongside the aim of preventing further offending.
Jurisdiction of the Youth Court
The Youth Court is a specially constituted magistrates’ court dealing with most offences committed by those aged 10 to 17 inclusive. The age of criminal responsibility in England and Wales is 10 years (s 50 CYPA 1933); children under 10 cannot be prosecuted for a criminal offence.
Key Term: Youth Court A specialist magistrates' court dealing with criminal proceedings against children and young people aged 10 to 17.
The general rule is that young offenders are tried summarily in the Youth Court, regardless of the offence classification (summary-only, either-way, or indictable-only). However, there are exceptions.
Grave Crimes
Certain serious offences, known as ‘grave crimes’, may be sent to the Crown Court for trial if the Youth Court considers its sentencing powers inadequate. A grave crime is typically an offence carrying a maximum sentence of 14 years or more imprisonment for an adult (or certain specified violent or sexual offences).
If a youth indicates a not guilty plea to a grave crime, the Youth Court must consider allocation. It will only send the case to the Crown Court if it concludes there is a ‘real prospect’ that a sentence exceeding the Youth Court's maximum custodial sentence (currently a 24-month Detention and Training Order) would be appropriate upon conviction.
Homicide and Certain Firearms Offences
Youths charged with homicide (murder or manslaughter) or certain firearms offences carrying mandatory minimum sentences (if the youth is 16 or over) must be sent directly to the Crown Court for trial.
Age Changes During Proceedings
If a defendant turns 18 before their first court appearance, the case proceeds in the adult magistrates' court. If they turn 18 after proceedings have commenced in the Youth Court, the Youth Court may retain jurisdiction or remit the case to the adult magistrates' court.
Allocation of Cases Involving Youths
The process for determining the trial venue for a youth depends on the offence and whether they are charged alone or jointly with an adult.
Youths Charged Alone
As mentioned, youths are generally tried in the Youth Court. The exception is for homicide, certain firearms offences, and potentially grave crimes where a not guilty plea is indicated, and the court deems its sentencing powers insufficient.
Youths Jointly Charged with Adults
Where a youth is jointly charged with an adult (someone aged 18 or over), both defendants make their first appearance in the adult magistrates’ court.
- If the adult is sent to the Crown Court for trial: The magistrates must then decide where the youth’s trial should take place. The youth should normally be remitted to the Youth Court unless it is deemed ‘in the interests of justice’ for the youth and adult to be tried jointly in the Crown Court (s 51(7) CDA 1998). Factors considered include the age difference, the youth's maturity, the relative roles in the offence, and the potential for prejudice if tried separately.
- If the adult is tried in the magistrates’ court: The youth will generally be tried alongside the adult in the magistrates' court.
- If the adult pleads guilty: The youth is usually remitted to the Youth Court for trial or sentence.
Sentencing Children and Young People
Sentencing in the Youth Court is governed by distinct principles and offers different disposals compared to adult courts. The Sentencing Act 2020 and the Sentencing Council’s Definitive Guideline on Sentencing Children and Young People are key authorities.
Overarching Principles
- Principal Aim: The primary aim is to prevent offending by children and young people (s 57 Sentencing Act 2020).
- Welfare: The court must have regard to the welfare of the child or young person (s 44 CYPA 1933). This involves considering their needs and potential for development.
- Proportionality: The sentence must be proportionate to the seriousness of the offence and the offender's circumstances.
- Individualisation: Sentences should be tailored to the individual, considering age, maturity, background, and potential for rehabilitation. Custody is a last resort.
Role of Youth Offending Teams (YOTs)
YOTs are multi-agency teams established under the CDA 1998. They play a key role in the youth justice system.
Key Term: Youth Offending Team (YOT) A multi-agency team responsible for coordinating youth justice services locally, including assessment, supervision, and delivery of interventions for young offenders.
YOTs prepare pre-sentence reports (PSRs) which provide the court with detailed information about the young person, their background, the reasons for offending, risk assessments, and recommendations for sentencing. They also supervise community sentences and deliver intervention programmes.
Main Sentencing Options
The SQE1 syllabus focuses on the following disposals:
Referral Orders
This is the required sentence for most first-time young offenders pleading guilty to an imprisonable offence, where the court is not imposing custody or a discharge. The young person is referred to a Youth Offender Panel (YOP).
Key Term: Referral Order A community sentence requiring a young offender to attend meetings with a Youth Offender Panel and agree a contract of activities aimed at reparation and preventing reoffending.
The YOP, consisting of trained community volunteers and a YOT member, agrees a contract with the young person (and their parents/guardians) lasting between 3 and 12 months. The contract focuses on restorative justice and addressing offending behaviour.
Youth Rehabilitation Orders (YROs)
The YRO is the main community sentence for young offenders, introduced by the Criminal Justice and Immigration Act 2008. It can last up to three years and can include a range of requirements tailored to the individual.
Key Term: Youth Rehabilitation Order (YRO) A flexible community sentence for young offenders, combining one or more requirements such as supervision, unpaid work, curfews, or treatment programmes.
Available requirements include:
- Supervision by the YOT.
- Unpaid work (for 16- and 17-year-olds).
- Activity requirements (e.g., reparation, education).
- Programme requirements (e.g., anger management).
- Curfew (often electronically monitored).
- Exclusion requirements.
- Residence requirements.
- Mental health, drug, or alcohol treatment requirements.
The court must be satisfied the offence is serious enough to warrant a YRO and that the requirements are suitable and proportionate.
Detention and Training Orders (DTOs)
A DTO is the main custodial sentence for young offenders. It is reserved for the most serious offences where neither a fine nor a community sentence is justifiable.
Key Term: Detention and Training Order (DTO) A custodial sentence for young offenders involving a period in detention followed by a period of supervision in the community.
- Availability:
- Not available for 10-11 year olds.
- Available for 12-14 year olds only if they are deemed a ‘persistent offender’.
- Available for 15-17 year olds if the offence crosses the custody threshold.
- Duration: DTOs are imposed for fixed periods of 4, 6, 8, 10, 12, 18, or 24 months.
- Structure: Half the term is served in detention (usually a Secure Children’s Home, Secure Training Centre, or Young Offender Institution), and the second half is served under YOT supervision in the community.
Worked Example 1.1
A 15-year-old youth, with no previous convictions, pleads guilty in the Youth Court to an offence of theft (shoplifting goods worth £50). The court obtains a pre-sentence report from the YOT.
What sentence is the court most likely to impose?
Answer: The court must impose a Referral Order. Theft is an imprisonable offence, the youth pleaded guilty at the first opportunity, has no previous convictions, and the court is not considering custody or an absolute discharge.
Worked Example 1.2
A 16-year-old youth is convicted after trial in the Youth Court of assault occasioning actual bodily harm (ABH). The offence involved a group attack late at night. The youth has two previous convictions for battery and theft, for which they received Referral Orders.
Which sentencing options are available to the court?
Answer: The court could impose a Youth Rehabilitation Order (YRO) with various requirements (e.g., supervision, activity requirement, curfew) or a Detention and Training Order (DTO). A Referral Order is unlikely as the youth has previous convictions and did not plead guilty. A DTO would only be imposed if the court deemed the offence 'so serious' that only custody is justified, considering the aggravating features (group attack, previous convictions) and mitigating factors. The YOT's pre-sentence report would be essential.
Revision Tip
Remember that the Youth Court's sentencing powers are distinct and generally more focused on rehabilitation than adult courts. Custody (DTO) is strictly a measure of last resort for young offenders.
Key Point Checklist
This article has covered the following key knowledge points:
- The age of criminal responsibility is 10; youths aged 10-17 are typically dealt with in the Youth Court.
- The Youth Court prioritises the welfare of the child and the prevention of reoffending.
- Homicide and certain firearms offences committed by youths must be sent to the Crown Court.
- Grave crimes committed by youths may be sent to the Crown Court if Youth Court sentencing powers are deemed insufficient.
- Youths jointly charged with adults first appear in the adult magistrates' court; allocation depends on the adult's case progression.
- The Sentencing Council's guidelines for children and young people must be followed.
- Key sentencing disposals include Referral Orders (mandatory for most first-time guilty pleas to imprisonable offences), Youth Rehabilitation Orders (flexible community sentence), and Detention and Training Orders (custodial sentence of last resort).
- Youth Offending Teams (YOTs) provide critical assessment and supervision services.
Key Terms and Concepts
- Youth Court
- Youth Offending Team (YOT)
- Referral Order
- Youth Rehabilitation Order (YRO)
- Detention and Training Order (DTO)
