Procedures and processes in criminal litigation - Youth cour...

Learning Outcomes

This article explains youth court procedure, including:

• The jurisdiction of the youth court, age-at-first-appearance rules, and reporting restrictions
• Categories requiring or permitting Crown Court trial (homicide, specified firearms, dangerous offenders, serious/complex fraud on notice)
• The definition of a grave crime and the real-prospect test for sending on allocation
• How the youth court’s 24‑month DTO ceiling informs venue decisions on plea and trial
• Allocation in joint youth/adult cases and the interests of justice factors for sending together
• Bail principles for children, welfare-focused considerations, and tailoring of bail conditions
• Remand pathways after refusal of bail: local authority accommodation and youth detention accommodation, with statutory thresholds
• Youth‑specific features of process: closed court, attendance of parents/guardians, and the YOT’s role
• Core sentencing options and principles: referral orders, YROs, DTOs, proportionality, and custody as a last resort
• Using these rules to advise on realistic SQE2 problem scenarios and effective application in practice

SQE2 Syllabus

For SQE2, you are required to understand youth court procedure from a practical standpoint, including advice on allocation, bail and sentencing, with a focus on the following syllabus points:

• the jurisdiction of the youth court and when a youth must or may be sent to the Crown Court
• the definition and treatment of grave crimes involving young defendants
• the process for allocating joint youth/adult charges
• bail considerations for juveniles, including remand to local authority or youth detention accommodation
• the main youth sentencing options, including referral orders, detention and training orders (DTOs), and youth rehabilitation orders (YROs)
• the role of the Youth Offending Team (YOT) and factors influencing youth sentencing
• the sending forthwith for homicide, certain firearms offences, dangerous offenders (specified offences), and serious/complex fraud on prosecutor’s notice
• reporting restrictions, attendance of parents/guardians, and age‑threshold issues affecting jurisdiction and sentencing.

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 general rule regarding the jurisdiction of the youth court for a 15-year-old charged with an either-way offence?
2. In which situations can or must a youth be sent to the Crown Court for trial?
3. What is a "grave crime" for the purposes of youth court allocation, and how does it affect trial venue?
4. What options does the youth court have when a youth pleads guilty to an offence for which he or she has no previous convictions?
5. Under what circumstances may a youth be refused bail after charge?

Introduction

The youth court deals with children and young people aged 10–17 accused of criminal offences. It is a specialist court designed to provide procedures and outcomes tailored to young defendants. Hearings are less formal, conducted in private (closed to the general public), and subject to reporting restrictions intended to protect the identities of children and young people involved. A member of the Youth Offending Team (YOT) typically attends each sitting to assist the court.

Key Term: youth
A youth is a person who, at the date of their first court appearance, is under 18 years old.

Key Term: parents/guardians
In youth proceedings, a parent or guardian must attend court where the child is under 16, unless unreasonable; the court has discretion to require attendance for 16–17-year-olds. Parents/guardians may be heard on sentencing and can be made subject to parenting orders in appropriate cases.

Key Term: Sentencing Children and Young People Definitive Guideline
An overarching guideline by the Sentencing Council emphasising welfare, prevention of offending, individualised sentencing, and custody as a last resort for children and young people.

Youth court jurisdiction

Youths aged 10–17 charged with criminal offences are generally dealt with by the youth court, which is a branch of the magistrates’ court constituted by specially trained magistrates or a District Judge. The youth court has a less formal setting than an adult court and is intended to be more accessible to young people. The press may attend but must comply with statutory reporting restrictions limiting publication of identifying details.

Revision point: age at first appearance Jurisdiction is determined by age on the date of first appearance. A defendant who turns 18 before their first appearance will be dealt with in the adult court. If the defendant turns 18 after first appearing in the youth court, the youth court may retain jurisdiction (including power to remit to the adult magistrates’ court for trial or sentence). When sentencing, courts should rarely impose a more severe sentence than the maximum that could have been imposed had the youth been sentenced at the age when the offence was committed.

Grave crimes and Crown Court allocation

While most cases involving young defendants are tried in the youth court, some circumstances require or allow the case to be sent to the Crown Court:

• Homicide offences (murder, manslaughter, attempted murder): always sent to the Crown Court for trial.
• Firearms offences where a mandatory minimum sentence applies and the youth is 16 or older at the time of the offence: sent forthwith to the Crown Court.
• Dangerous offenders: where the youth is charged with a specified violent, sexual or terrorism offence and the court considers there is a significant risk of serious harm from further specified offences and a sentence of at least 4 years may be required, the case may be sent forthwith to the Crown Court.
• Serious or complex fraud (and certain offences involving children) on prosecutor’s notice: may be sent forthwith to the Crown Court.

Key Term: specified offence
A violent, sexual or terrorism offence listed in Schedule 18 of the Sentencing Code (e.g., manslaughter, wounding, robbery, rape, sexual assault).

Key Term: dangerous offender
A youth who presents a significant risk to members of the public of serious harm by the commission of further specified offences, potentially requiring an extended or long custodial sentence.

• "Grave crimes": other serious offences for which the maximum sentence for an adult is at least 14 years’ custody.

Key Term: grave crime
For youth court purposes, a grave crime is an offence (other than homicide) where an adult aged 21+ could receive at least 14 years’ imprisonment, including robbery, s.18 OAPA, aggravated arson and certain serious sexual offences.

If a youth is accused of a grave crime and pleads not guilty, the youth court must assess whether its sentencing powers (maximum 24 months’ DTO) are sufficient. The test is whether there is a real prospect (not merely a theoretical possibility) that a custodial sentence substantially in excess of two years would be required. If so, the case should be sent to the Crown Court. If the youth pleads guilty, the youth court can proceed to sentence (with power to commit to the Crown Court for sentence if needed).

Joint youth/adult charges and allocation

Where a youth and adult are jointly charged (or accused of offences arising from the same facts), both will make their first appearance together in the magistrates’ court. The decision on allocation follows the venue for the adult: if the adult is to be tried in the Crown Court, the youth may be sent also, but only if it is in the interests of justice to do so (for example, to avoid inconsistent verdicts, duplication of evidence, or unfairness from separate trials). If the adult consents to summary trial, the youth is usually tried with them in the magistrates’ court and, if convicted, is normally remitted to the youth court for sentence.

Key Term: allocation
The process of determining the most suitable court (youth, magistrates’ or Crown Court) for the trial of a young defendant.

Worked Example 1.1

Natasha (aged 14) and her 22-year-old cousin are jointly charged with burglary, an either-way offence. The adult elects Crown Court trial. What is the most likely venue for Natasha’s trial, and how is her sentence determined?

Answer:
The adult will be sent to the Crown Court. The youth court must decide if it is in the interests of justice to send Natasha to the Crown Court to be tried with the adult; otherwise, she will be tried separately in the youth court. If she is tried alongside the adult at the Crown Court and convicted, she will be sentenced in the Crown Court applying youth sentencing principles. If she is tried separately and convicted in the youth court, the youth court will sentence her (with power to commit to the Crown Court for sentence if its powers are insufficient).

Bail for youths

Bail is the default position after charge, subject to the same broad rules as for adults but with additional welfare-based considerations. The youth’s age, vulnerability, safeguarding, and accommodation must be taken into account. If refused bail, a youth aged 12 or over is generally remanded to local authority accommodation or, in rare cases, secure youth detention accommodation.

Key Term: local authority accommodation
Accommodation provided by the local authority for a youth refused bail, rather than being kept in police custody.

The two exceptions where a youth may be kept in police custody after charge are:

• it is impracticable to transfer to local authority accommodation; or
• the youth (aged 12+) is charged with a serious offence and local authority accommodation would not protect the public from serious harm.

Where bail is refused at court, remand options include:

• remand to local authority accommodation; or
• remand to youth detention accommodation, but only if all statutory conditions are met, typically:
  • the youth is aged 12–17;
  • the youth is legally represented (or has refused legal aid);
  • the offence is violent or sexual, or one for which an adult could receive 14+ years’ imprisonment, or there is a history of absconding or offending on bail/remand; and
  • detention is necessary to protect the public from death or serious personal injury, or to prevent the commission of further imprisonable offences.

Key Term: secure accommodation
A form of local authority accommodation provided for the purpose of restricting liberty; used where necessary to protect the public from serious harm by the youth.

Standard court bail conditions (adapted to youth needs) may include residence, curfew (with or without electronic monitoring), non-contact, exclusion zones, reporting, and surrender of travel documents, tailored to risks of absconding, offending on bail, or interference with witnesses. The court must consider whether conditions could sufficiently mitigate risks before refusing bail.

Worked Example 1.2

Sam (aged 15) pleads guilty to theft. He has no previous convictions. What sentence is the court most likely to impose?

Answer:
The court will normally impose a referral order, as Sam is a first-time offender who has pleaded guilty to an imprisonable offence and is not to be discharged or sent to custody. The referral order duration will be proportionate to seriousness (typically 3–5 months for low seriousness; up to 10–12 months for very high seriousness).

Worked Example 1.3

Imani (aged 16) is charged with robbery. She has previously failed to surrender and has two recent offences committed while on bail. The prosecution objects to bail. What remand options may the court consider?

Answer:
The court should apply the presumption of bail and consider whether conditions could mitigate risks. If bail is refused, the court may remand Imani to local authority accommodation. Given her age (16), offence (robbery) and recent failures/ offending on bail, the court may remand to youth detention accommodation only if satisfied the statutory criteria are met (including necessity to protect the public or prevent further imprisonable offences). Police custody post‑charge should be avoided unless impracticable to transfer to local authority accommodation or the statutory serious‑harm exception applies.

Sentencing in the youth court

The youth justice system focuses on prevention of reoffending, welfare, and proportionality. The court must consider the principal aim of the youth justice system: to prevent offending by children and young people, as well as their welfare and the seriousness of the offence. Sentencing is individualised and offence seriousness remains the starting point, but immaturity, impulsivity, peer influence and developmental factors frequently reduce culpability. Custody is a measure of last resort.

Key Term: Youth Offending Team (YOT)
A multi-agency team attached to each youth court area responsible for working with the court, supervising orders, and supporting children and their families.

The YOT typically prepares a pre-sentence report (PSR) addressing risks, needs, likelihood of reoffending, and suggested interventions. Courts may also consider the YOT’s scaled approach to tailor intensity of requirements (standard, enhanced, intensive) to risk and need.

Main youth sentencing options

• Referral order: For first-time offenders who plead guilty and are not being discharged or given a custodial sentence.

Key Term: referral order
An order requiring a youth who pleads guilty and is being dealt with for the first time to attend and comply with a contract supervised by a Youth Offender Panel.

• Youth Rehabilitation Order (YRO): A flexible community sentence with tailored requirements (e.g., supervision, activity, curfew, unpaid work, programme, attendance centre, exclusion, electronic monitoring).

Key Term: Youth Rehabilitation Order (YRO)
A community order for youths (up to three years) comprising one or more rehabilitative, reparative or punitive requirements proportionate to offence seriousness.

• Detention and Training Order (DTO): A custodial sentence (fixed terms of 4, 6, 8, 10, 12, 18, or 24 months), available only for youths meeting statutory thresholds.

Key Term: Detention and Training Order (DTO)
The primary custodial sentence for youths; one half in custody and one half on supervised licence in the community. Imposed only when the offence is so serious that neither a fine nor community sentence can be justified, and custody is a last resort.

Key Term: persistent offender
A status indicating repeated offending; typically evidenced by multiple recent findings of guilt or a series of comparable offences over a short period. Used to determine DTO eligibility for youths aged 12–14.

• Absolute/conditional discharge or fine: Available in less serious cases.

YRO requirements and DTO lengths must be proportionate to seriousness; courts should avoid orders so onerous that breach becomes likely. For DTOs, the youth must be legally represented (unless they have refused legal aid/representation). A DTO cannot be imposed on children aged 10–11; it can be imposed on 12–14 year‑olds only if they are persistent offenders; and it is available for 15–17 year‑olds subject to seriousness thresholds. Breach of YRO requirements may result in variation, extension, re-sentence (including custody if originally available) or a fine; breach of DTO licence can lead to recall.

Youths sentenced to custody will serve half their DTO in youth detention and half in the community under supervision. For grave crimes tried in the Crown Court, longer custodial sentences may be available where statutory criteria are met.

Worked Example 1.4

Arun (aged 14) has three findings of guilt in the last 12 months for comparable imprisonable offences. He now pleads guilty to assault occasioning actual bodily harm. The YOT PSR recommends an intensive YRO. Can the court impose a DTO?

Answer:
DTOs are not available to 10–11-year-olds, but may be imposed on 12–14-year-olds only if they are persistent offenders. Arun’s recent pattern of offending could justify classifying him as a persistent offender. A DTO could therefore be imposed if the court considers the offence so serious that neither a fine nor a community sentence can be justified and custody is truly a last resort. The court must state why a YRO with intensive supervision and surveillance is inappropriate if it imposes a DTO.

Appeals from the youth court

Appeals from the youth court follow the same process as adult magistrates’ courts: appeals against conviction or sentence are to the Crown Court (a rehearing), while points of law may be appealed by way of case stated to the High Court. Where bail is refused in the youth court, the defence may appeal to the Crown Court; a certificate of full argument is required to support a bail appeal. Time limits apply and should be followed diligently.

Revision Tip

When advising a young client, always check their age on the date of first appearance — this determines the court’s jurisdiction. Also cross‑check whether the offence falls within any sending‑forthwith categories (homicide, specified firearms, dangerous offenders, or serious/complex fraud on notice), and apply the real‑prospect test for grave crimes.

Key Point Checklist

This article has covered the following key knowledge points:

• Youths aged 10–17 are generally tried in the youth court, with specific exceptions (e.g., homicide, certain firearms offences, dangerous offenders, and grave crimes).
• Grave crimes require consideration of Crown Court allocation; the youth court sends the case where there is a real prospect that a custodial sentence substantially exceeding two years will be required.
• When a youth is jointly charged with an adult, the adult’s venue influences the youth’s trial court, but the youth is sent to the Crown Court only if it is in the interests of justice; otherwise the youth is tried separately in the youth court and, if convicted alongside an adult in the magistrates’ court, is normally remitted to the youth court for sentence.
• Reporting restrictions protect the identities of children and young people. Parents/guardians attend and may be heard on sentencing; YOT attends and provides PSRs and supervises orders.
• Bail or remand for youths involves distinct procedures aimed at welfare: transfer to local authority accommodation is preferred, with detention accommodation used only where statutory criteria are met.
• Main youth sentences include referral orders, Youth Rehabilitation Orders, and DTOs (fixed terms); custody is a last resort, and immaturity and welfare factors must be weighed.
• The Sentencing Children and Young People Definitive Guideline governs approach; YOT’s scaled interventions tailor intensity to risk and need.
• Appeals from the youth court are to the Crown Court; points of law proceed by case stated to the High Court. Bail refusals may be appealed to the Crown Court with a certificate of full argument.

Key Terms and Concepts

• youth
• parents/guardians
• Sentencing Children and Young People Definitive Guideline
• grave crime
• specified offence
• dangerous offender
• allocation
• local authority accommodation
• secure accommodation
• Youth Offending Team (YOT)
• referral order
• Youth Rehabilitation Order (YRO)
• Detention and Training Order (DTO)
• persistent offender