Youth Justice System
The youth justice system deals with children and young people aged 10–17 who break the law. Children under the age of 10 are below the age of criminal responsibility.
The Youth Justice Board oversees the youth justice system in England and Wales. They work to prevent offending, to ensure that custody for them is safe and secure, and to address the causes of offending. For detailed information visit the Youth Justice Board website.
What is a reprimand or final warning?
A reprimand is a formal warning given by a police officer to a child or young person who admits to a minor first offence. In exceptional cases the young person may be referred to the Youth Offending Team to take part in a voluntary programme to address their offending behaviour.
A final warning is a formal warning given by a police officer to a child or young person who admits to a first or second offence. It may be given instead of a reprimand for a first offence if it is considered that a reprimand is insufficient to deal with the offence. Before a final warning is given, the young person is referred to the Youth Offending Team for an assessment of their suitability for an intervention programme. This programme is designed to stop the young person from reoffending.
What is a Youth Court?
All young people who are taken to court for commitiing a criminal offence will normally appear before the Youth Court. It is designed to be less intimidating for a young person than an adult court. Parents or carers are allowed to sit close to the young offender, and witnesses and barristers are asked to use language that can be easily understood.
Pleading not guilty
If the young person pleads not guilty, a date is set for the trial where magistrates will hear the evidence and decide if the young person is guilty. If the magistrates decide the young person is guilty, they will give an appropriate sentence.
If the offence is very serious, the Youth Court will send the case to the Crown Court for trial.
Pleading guilty
If you plead guilty or are convicted of the charge, you will be given a sentence.
Bail and remand
If a young person has been bailed or remanded in custody the Youth Court may remand them in different ways:
- Conditional bail
Ranges from low level where a young person reports to a police station to more demanding levels where they are supervised by the Youth Offending Team.
- Unconditional bail
Where the young person is required to return to court on a specific day at a specific time. There are no other conditions attached to their bail.
Secure remand
Used by courts if a young person has committed a serious offence such as robbery or has offended a number of times. In these cases, the young person is remanded directly by the court to either local authority secure accommodation or to a Secure Training Centre.
What is a referral order?
All young people who plead guilty to a first offence in court must receive a referral order, unless they are given an absolute discharge, or the offence is so serious that a custodial sentence (Detention & Training Order or Section 90/91) is required.
A referral order requires the young person to attend a Youth Offender Panel.
The Panel, with the help of the young person and others involved (perhaps including the victim) agree a contract to repair the harm done and address the causes of the offending behaviour.
What sentences can I expect from a Court?
Many sentences require the Youth Offending Team to work with the young person in the community to reduce their risk of re-offending, make amends to the victim and the community where appropriate.
Detailed information about a range of sentences available to the court are published on the Youth Justice Board – sentencing.
What is an Anti-Social Behaviour Order (ASBO)?
An Anti-Social Behaviour Order can be applied for by the police, a local authority or a registered social land lord.
The order can be made on anyone who is over 10 years old who is behaving in a manner that causes alarm, harrassement or distress. This can include:
- abusive and intimidating language
- excessive noise, particularly late at night
- drunken behaviour in the streets
- dealing drugs.
An ASBO stops the young person from going to particular places or doing particular things and lasts a minimum of 2 years. Although an ASBO is not a criminal conviction, a breach of an ASBO is a criminal offence and can lead to the individual being given a custodial sentence by the court.
