Youth court procedure - Sentencing guidelines for children a...

Learning Outcomes

This article details the essential framework of youth court procedure and sentencing for children and young people in England and Wales, including:

• The unique legal regime applicable to young offenders and its connection to core criminal law and practice principles—actus reus, mens rea, burden and standard of proof, and defence rights—in the juvenile justice context.
• The statutory jurisdiction of the youth court and the distinction between summary, either-way, and indictable-only offences as they apply to youth defendants.
• Allocation rules and discretionary factors, including cases where a youth is charged alone or jointly with adults and the test for sending grave crimes to the Crown Court.
• The main principles of youth sentencing—prevention of offending and welfare—and differences from adult sentencing.
• Sentencing disposals available to the youth court, with coverage of Referral Orders, Youth Rehabilitation Orders (YROs), and Detention and Training Orders (DTOs), including conditions for use and statutory limitations.
• The function and statutory basis of Youth Offending Teams (YOTs), including roles in pre-sentence assessment, intervention planning, and supervision.
• The centrality and application of the Sentencing Children and Young People Definitive Guideline, its influence on judicial discretion, and its relationship with proportionality and individualisation.

SQE1 Syllabus

For SQE1, you are required to understand youth court procedure and sentencing for children and young people, with a focus on the following syllabus points:

• The statutory jurisdiction of the youth court—age limits, processes for grave crimes, and referral powers.
• Allocation procedure for youth cases, including rules for joint adult-youth charges and cross-jurisdictional issues.
• Application of the Sentencing Children and Young People Definitive Guideline, including the principle of welfare, prevention of offending, and proportionality in youth sentencing.
• Specific disposals available: Referral Orders, Youth Rehabilitation Orders (YROs), Detention and Training Orders (DTOs); ancillary and conditional powers.
• Criteria and conditions for imposing each type of order, and age/previous conviction restrictions.
• The role, remit, and statutory responsibilities of Youth Offending Teams (YOTs).
• The process and requirements for obtaining and using pre-sentence reports (PSRs) for youths.
• Differences between youth and adult sentencing, including the custody threshold and the principle of custody as a last resort.
• Application of relevant criminal evidence and procedure provisions (burdens, standards of proof, disclosure, and hearing format) to youth proceedings.
• Interaction with general criminal law concepts, including actus reus, mens rea (notably, the principle of doli incapax no longer applies for children aged 10+), defences, and rules on causation as they may arise in youth proceedings.

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. What is the age range for offenders typically dealt with in the Youth Court?
2. True or False: The primary aim of sentencing in the Youth Court is punishment.
3. Which sentencing disposal is mandatory for most first-time young offenders pleading guilty?
4. What does DTO stand for in the context of youth sentencing?

Introduction

The treatment of children and young people in the criminal justice system in England and Wales is governed by a specially designed legal and procedural framework. While the fundamental elements of criminal liability—actus reus and mens rea—are the same as for adults, youth court proceedings and sentencing are shaped by statutes, evidence rules, and policy goals unique to the welfare of young people.

The regime governing young offenders is primarily statutory, with the age of criminal responsibility set at 10 years, under section 50 of the Children and Young Persons Act 1933 (CYPA 1933). The distinct procedures and sentencing options for young people are informed by both domestic and international standards, with explicit reference to the Sentencing Children and Young People Definitive Guideline issued by the Sentencing Council. Statutory principles require courts to consider both welfare and prevention of further offending, and place particular value on proportionality and rehabilitation.

Jurisdiction of the Youth Court

The youth court is a magistrates' court that sits with appointed youth panel magistrates or a district judge, dealing with most criminal proceedings in respect of those aged 10 to 17 inclusive. Importantly, a person must be under 18 when proceedings are commenced, though the youth court may retain jurisdiction for cases in progress where the defendant turns 18 before the case concludes.

Key Term: Youth Court
A specialist magistrates' court constituted to try children and young people (aged 10–17) for criminal offences, except in cases expressly excluded by statute.

In the youth court, all proceedings are generally summary in nature—even for either-way and indictable-only offences, subject to specified exceptions. Proceedings are not open to the public, with only those necessary for the proceedings (such as parents/guardians and YOT officers) being permitted to attend. Restrictions on the publication of identifying details for youth defendants and witnesses are standard to protect the child’s welfare and privacy.

Grave Crimes

For certain grave offences, the youth court has a limited jurisdiction. A "grave crime" is typically defined as an offence punishable with imprisonment of 14 years or more for an adult, or by reference to specified serious sexual or violent offences. These include, but are not limited to, robbery, aggravated burglary, rape, wounding with intent (s.18 OAPA 1861), and aggravated arson. Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 empowers the youth court to send such cases to the Crown Court for trial or for sentence if it determines that its own sentencing powers are insufficient.

When a youth is charged with a grave crime, the court must engage in a fact-specific assessment. For a not guilty plea, the court will only send the case to the Crown Court if, having heard representations from both sides and considered all background circumstances, there is a "real prospect" that a custodial sentence longer than the youth court's maximum (24 months’ DTO) would be justified. This test prevents automatic removal of all serious cases, ensuring proportionality and a focus on the youth’s circumstances.

Homicide and Certain Firearms Offences

Youth courts have no jurisdiction to try children or young people charged with homicide (including murder, manslaughter, and attempt) or with certain firearms offences that carry a statutory minimum sentence (for example, under the Firearms Act 1968), particularly where the minimum exceeds the youth court’s powers. Youths aged 16 or over charged with such firearms offences, and any youth charged with homicide, must be sent directly ("forthwith") to the Crown Court for trial, regardless of plea. For other serious offences (e.g. certain terrorism offences), special transfer provisions may also apply.

Age Changes During Proceedings

For jurisdiction, the defendant's age at first appearance determines the handling court. If a youth turns 18 after proceedings have commenced in the youth court, that court may (but is not required to) remit the case to the adult magistrates’ court. If a person is charged while still 17, but is 18 at their first appearance, the case will be heard as an adult matter.

The procedural effect of this rule is to avoid arbitrary loss of youth court protections due to delays, but to ensure that after a youth turns 18, sentencing powers reflect adult court maxima unless remitted to the youth court.

Allocation of Cases Involving Youths

The allocation of youth cases depends on both the nature of the charge and, if relevant, whether the youth is charged jointly with one or more adults.

Youths Charged Alone

The default position remains that children and young people charged alone, whatever the seriousness of the offence, are tried summarily in the youth court, unless:

• The offence is homicide or a specified serious firearm offence (automatic transfer to the Crown Court).
• The case involves a grave crime and the "real prospect" test indicates only the Crown Court’s sentencing powers would be sufficient.

In every other scenario, including where the offence is either-way or indictable-only (except the automatic transfer categories), the youth court determines both venue and, if relevant, whether to commit to the Crown Court for sentence after conviction.

Youths Jointly Charged with Adults

Where a youth is jointly charged with an adult (defined in this context as a co-defendant aged 18+), both accused initially appear before the adult magistrates’ court. The procedure is as follows:

• If the adult is sent to the Crown Court for trial (for example, on an indictable-only offence), the magistrates must consider whether, for reasons of justice (including potential prejudice and the interests of all parties), the youth should also be sent or remitted to the youth court for separate trial. Factors considered include age, maturity, role in the alleged offence, the seriousness of the case, welfare, and the likely complexity of running parallel proceedings. There is a strong presumption that the youth should only be sent to the Crown Court for trial with the adult if it is in the interests of justice, not merely for administrative convenience.
• If the adult is to be tried in the magistrates’ court, the youth will also usually be tried there with the adult.
• If the adult pleads guilty, or if the case against them is discontinued or concluded, the youth is typically remitted to the youth court for trial.

Where a youth is convicted with an adult in the magistrates’ court, the court will generally remit the youth to the youth court for sentence unless the interests of justice require otherwise (for instance, continuity of sentencing or where the adult and youth’s offending is closely connected in law and fact).

Sentencing Children and Young People

Sentencing children and young people engages distinct statutory and policy principles. The key authorities are the Sentencing Act 2020, Children and Young Persons Act 1933, Crime and Disorder Act 1998, and Sentencing Children and Young People Definitive Guideline. The regime places rehabilitation and reduction of offending, together with the protection of the public and welfare, at its core.

Overarching Principles

A court must have regard to:

• The principal aim of the youth justice system: to prevent offending by children and young persons (Sentencing Act 2020, s.57(1)).
• The welfare of the child or young person, including steps to remove them from unsatisfactory surroundings and make provision for their education and training (CYPA 1933, s.44).
• The seriousness of the offence, assessed with reference to both harm caused and the child’s culpability, but reflecting their unique developmental, emotional, and situational characteristics.

Central to all decisions is the recognition that children and young people are not mini-adults; their character, development, capacity for maturity, and likelihood of desistance all bear on proportionality and the choice of disposal. Unnecessary criminalisation is to be avoided. Court must also pay attention to the impact of proceedings and sentence on a child’s future life chances and risk of re-offending.

Sentencing Children and Young People Definitive Guideline

Key Term: Sentencing Children and Young People Definitive Guideline
The primary guideline issued by the Sentencing Council, setting out the purposes, principles, and approach applicable when sentencing children and young people in England and Wales.

The Guideline mandates an "individualistic" (not offence-focused) approach—rehabilitation should be prioritised wherever possible. Custody must remain a last resort, to be used only in cases of such gravity that neither community disposals nor a fine/discharge are justified.

It also requires the court to weigh:

• The child’s chronological, developmental, and emotional age.
• The likelihood and seriousness of further offending.
• The possible positive and negative effects of the sentence on the young person.
• Any main factors (such as emotional or family disturbance, trauma, learning disability, peer pressure) that contribute to offending or diminish culpability.

The Guideline further recognises the importance of restorative justice interventions and reparation, both to address harm and encourage responsibility.

Role of Youth Offending Teams (YOTs)

Key Term: Youth Offending Team (YOT)
A multi-agency team established under the Crime and Disorder Act 1998, responsible for coordinating youth justice services locally, including assessment, supervision, and provision of interventions for young offenders.

YOTs are central in the criminal justice pathway for young people. They provide the court with Pre-Sentence Reports (PSRs) tailored to the youth’s needs, circumstances, risks of harm and reoffending, and recommended disposals. PSRs are typically required before a youth is sentenced to a custodial disposal or intensive community order and are commonly ordered for first offenders or where the judicial panel is contemplating alternatives to custody.

YOTs also supervise all community sentences, manage Referral Orders via Youth Offender Panels, and coordinate sources of support and restorative justice interventions. Where a custodial order is made, the YOT is responsible for both throughcare and aftercare arrangements.

Main Sentencing Options

The legal framework provides a ladder of sentencing responses, ranging from diversion and informal resolution, through various community disposals, to custodial orders. Key disposals within the SQE1 syllabus include:

Referral Orders

Key Term: Referral Order
A restorative community disposal, typically for first-time convicted youth offenders who plead guilty to an imprisonable offence, requiring the youth to attend a Youth Offender Panel and complete an agreed contract addressing their behaviour and making reparation.

For nearly all first-time offenders aged 10–17 who plead guilty to an imprisonable offence and are not being sentenced to custody or a discharge, a Referral Order is mandatory. The duration is 3 to 12 months, depending on the seriousness of the offence. The Youth Offender Panel (a group of volunteers with a YOT member) works with the young person and their family to draw up a contract of reparation, victim awareness, and activities focused on rehabilitation.

Referral Orders prioritise restorative justice, requiring the young person to take responsibility, understand the harm caused, and undertake constructive activities. They are not available for offenders who have previously received a Referral Order (save in exceptional circumstances).

Youth Rehabilitation Orders (YROs)

Key Term: Youth Rehabilitation Order (YRO)
A flexible community sentence for young offenders, available for offences serious enough to warrant more than a Referral Order, combining one or more tailored requirements supervised by the YOT.

A YRO can last up to three years and may include, individually or in combination, supervision, activity, programme, attendance centre, curfew (including electronic tagging), exclusion, residence, education, drug/alcohol/mental health treatment, and other specified requirements. A YRO requires the offence to cross the seriousness threshold and may only be imposed if the court is satisfied that the particular requirements are suitable and proportionate. The order is designed to facilitate intervention, address main causes, provide structure, and reduce re-offending, with the scale and intensity tailored to the child’s risk and needs identified through the YOT’s "scaled approach."

For breach, courts may amend the order’s requirements, fine the offender, or (as a last resort) revoke the YRO and re-sentence, potentially imposing a custodial order if warranted by the facts.

Detention and Training Orders (DTOs)

Key Term: Detention and Training Order (DTO)
The principal custodial sentence available to youth courts, involving a period in custody (in a youth or secure facility) followed by compulsory supervision upon release, and reserved for cases of such seriousness that only a custodial sentence is justified.

DTOs are available for:

• Children aged 12–14 only if classified as "persistent offenders" and the offence justifies custody.
• Offenders aged 15–17, if the custody threshold is met.
• Never for those aged 10–11.

DTOs are always for a fixed period—4, 6, 8, 10, 12, 18, or 24 months. Half the sentence is served in a secure facility (Young Offender Institution, Secure Training Centre, or Secure Children’s Home) and the remainder under YOT supervision in the community. Early release provisions, breach consequences, and the terms of community supervision are governed by the Sentencing Code and associated regulations.

DTOs are a measure of last resort, only available if the court is satisfied that the offence is so serious neither a fine nor a community sentence is justified. Courts must avoid their use for isolated or less serious offences, or where alternatives will provide adequate protection and prospects for rehabilitation.

Worked Example 1.1

A 15-year-old with no previous convictions pleads guilty in the Youth Court to theft (shoplifting goods worth £50). The court obtains a pre-sentence report from the YOT.

Answer:
The court must impose a Referral Order. Theft is an imprisonable offence, the youth pleaded guilty, this is a first conviction, and the court is not proposing custody or an absolute/conditional discharge.

Worked Example 1.2

A 16-year-old is convicted after trial in the Youth Court of assault occasioning actual bodily harm (ABH). The offence involved a group attack at night. He has two previous convictions (battery and theft, previously resulting in Referral Orders).

Answer:
Sentencing options for the court are a Youth Rehabilitation Order (with requirements such as supervision, activity, or curfew) or, if the custody threshold is crossed and no other sanction is justified, a DTO. Referral Orders would not be available as there are previous convictions and the guilty plea requirement is not met. The court must consider the YOT’s pre-sentence report before deciding upon the order and any requirements.

Worked Example 1.3

A 13-year-old is convicted of criminal damage, sentenced in the Youth Court. He has one prior conviction for battery and one prior Youth Caution. The damage was low-value and impulsive, with no evidence of group offending or planning. YOT recommendation is for intervention but not custody.

Answer:
The court may impose a Youth Rehabilitation Order, with requirements tailored according to the scaled approach—such as education, activities, supervision, or restorative actions. Custody (DTO) is not appropriate on these facts: the offence, circumstances, and history do not meet the custody threshold and 13-year-olds can only receive a DTO as persistent offenders for very serious matters.

Further Considerations and Sentencing Structure

When reaching any sentence, the court must follow the structured approach under the Sentencing Children and Young People Definitive Guideline:

• Determine the seriousness of the offence (considering harm and culpability in the youth context).
• Reflect on aggravating and mitigating factors. Aggravating factors may include premeditation, group offending, repeat offending, targeting the vulnerable, and offences committed while on bail. Mitigation may include lack of maturity, mental health, evidence of remorse, steps taken to make amends, vulnerability to exploitation/peer pressure, and a previously good character or clean record.
• Consider proportionality: whilst aggravating features permit stronger interventions, all requirements or disposals imposed must remain proportionate.
• Seek restorative justice or reparative interventions wherever consistent with the aims of prevention and welfare.
• Prefer non-custodial disposals unless no other option suffices for seriousness and public protection.
• Articulate reasons for sentence, especially when departing from YOT recommendations or the guideline range.

Principle: Custody as the Last Resort

Statute and the Sentencing Guideline emphasise that custody may only be used when required by the seriousness of the offence or for public protection. The historical view that custody might provide a deterrent is expressly subordinate to the welfare and rehabilitation principles for youths. The court must justify any decision to sentence to custody, and must consider lesser options first. A short custodial sentence should not be imposed if it would have disproportionate negative impact on the youth’s development or prospects.

Special and Ancillary Orders

In addition to the primary disposals above, youth courts have power to impose conditional and absolute discharges (rare), fines, reparation orders, compensation orders, and orders ancillary to the main sentence—for example, parenting orders or orders to attend specified activities.

Worked Example 1.4

A 14-year-old with ADHD and speech difficulties is convicted of affray. The pre-sentence report highlights educational exclusion, impairment, and lack of access to mainstream support. No prior criminal record.

Answer:
The court should give substantial weight to the welfare principle and mitigating circumstances. A Referral Order may be appropriate due to the lack of previous convictions and a guilty plea, but the court must ensure that any requirements imposed are capable of being completed and are tailored to the child’s additional needs—with reasonable adjustments as appropriate. Where there is evidence of special educational needs or disability, sentencing must ensure compliance with equality and non-discrimination duties.

Importance of Pre-Sentence Reports and the YOT Scaled Approach

Pre-sentence reports (PSRs) provided by YOTs support decision-making by offering a comprehensive assessment of the individual child. The "scaled approach" means the intensity and nature of intervention—including supervision and programme requirements under a YRO—should be adjusted in line with the youth’s risk of re-offending and risk of causing serious harm, not simply by the type of offence. This approach recognises that proportionate, child-centred, and developmental interventions are more effective in reducing reoffending and supporting long-term rehabilitation.

Key Point Checklist

This article has covered the following key knowledge points:

• The age of criminal responsibility is 10 years; youths aged 10–17 are within the Youth Court's jurisdiction.
• The Youth Court prioritises welfare and prevention of reoffending, not punishment for its own sake.
• Grave crimes are serious offences for which the Youth Court may send a youth to the Crown Court if its sentencing powers may be insufficient.
• Homicide and certain firearms offences require direct transfer to the Crown Court.
• Allocation of cases considers not only the seriousness of the offence but also whether the youth is charged jointly with an adult; the "interests of justice" test may require joint trial in the Crown Court in limited circumstances.
• The Sentencing Children and Young People Definitive Guideline is central to all youth sentencing decisions, requiring individualisation and a focus on rehabilitation.
• Referral Orders are mandatory for most first-time youth guilty pleas to imprisonable offences; they are restorative, contract-based, and require YOT oversight.
• Youth Rehabilitation Orders are the principal community sentences, tailored by requirement to the child’s risk, needs, and offending pattern.
• Detention and Training Orders are the principal custodial option, available only for offences of sufficient seriousness and never for 10–11-year-olds; 12–14-year-olds must be persistent offenders.
• YOTs play an essential role throughout, preparing PSRs, advising on suitable interventions, and supervising young people on community and custodial orders.
• The statutory and policy principle that custody for youth is always a last resort is strictly observed; clear justification is required for any custodial sentence.

Key Terms and Concepts

• Youth Court
• Youth Offending Team (YOT)
• Referral Order
• Youth Rehabilitation Order (YRO)
• Detention and Training Order (DTO)
• Sentencing Children and Young People Definitive Guideline