Keith Mack
In the UK, the juvenile law, also known as youth justice, pertains to the trial and sentencing of children and young people for criminal offences. The age of criminal responsibility in England and Wales is 10 years old, meaning that children under 10 cannot be arrested or charged with a crime. Children between the ages of 10 and 17 can be arrested, charged, and tried in youth court or, in some cases, Crown Court. The youth court is less formal and closed to the public to protect the privacy of the child. The Crown Court is not designed for children, and there are concerns about their ability to participate effectively in trials. The UN Convention on the Rights of the Child, to which the UK is a party, states that the best interests of the child shall be a primary consideration in all actions concerning them.
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What You'll Learn
Age of criminal responsibility
In the UK, the age of criminal responsibility is 10 years old in England and Wales. This means that children under 10 cannot be arrested or charged with a crime. However, there are other punishments that can be given to children under 10 who break the law. Children between the ages of 10 and 17 can be arrested, charged, and taken to court if they commit a crime. These children are capable of committing offences, and it is not possible for them to avoid liability by showing that they do not know the difference between right and wrong. However, a child should not be found guilty if they are unfit to plead.
When a child is arrested, the police must inform the appropriate adult, such as a parent or guardian, and ascertain their identity. The juvenile should be made aware that they can consult with the appropriate adult at any time, but these conversations are not privileged. The appropriate adult may need to be present during interviews and when the child provides a written statement. In court, the identity of a child between 10 and 17 charged with a crime will not be disclosed outside, and they will remain anonymous throughout the proceedings. However, these restrictions can be challenged after the proceedings have ended, usually by the media.
In terms of sentencing, there are youth courts that are less formal and closed, meaning only those directly involved are allowed in the courtroom. Youth courts can hand out absolute discharges, conditional discharges, detention and training orders, referral orders, and youth rehabilitation orders. More serious cases may go to the Crown Court, and a child's age may impact their sentence and where they are held in custody. From the age of 18 onwards, individuals are considered adults in the eyes of the law, and any punishment will rest solely upon them.
It is important to note that the UN Convention on the Rights of the Child, to which the UK is a party, states that "in all actions concerning children... the best interests of the child shall be a primary consideration." This highlights the need to protect the rights and welfare of children, even when they are accused of criminal offences.
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Youth court vs Crown Court
In the UK, the age of criminal responsibility is 10 years old. Children under 10 cannot be arrested or charged with a crime, but they may face other punishments if they break the law. Children between 10 and 17 can be arrested, charged, and taken to court, where they will remain anonymous throughout the proceedings.
The youth court is a specialist court for children, and it is usually in the child's best interests to have their case heard here. Youth courts are staffed by magistrates or a district judge and hear cases in private to protect the child's privacy. However, in recent years, children have been tried in an increasing number of Crown Court cases. Crown Courts are more formal and can be intimidating for children, and they are not designed for them.
If a child is charged alongside an adult, the youth court is still the proper venue for their trial. The adult's trial will take place in the Crown Court, and the child will be tried separately unless it is in their best interests to be tried jointly. Youth courts now have the power to commit children convicted of grave crimes to the Crown Court for sentencing. This is usually only done if the offending was more serious than initially thought or if the child meets the dangerousness criteria for an extended sentence.
In Crown Court, a child's ability to participate effectively in the trial may be impacted, as per Article 6 of the ECHR. Special measures can be put in place to maximise the quality of a child witness's evidence, such as giving evidence in private or via video link. However, children may still face court without legal representation or support from an appropriate adult, and they can be handcuffed and locked in secure docks, even for minor offences.
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Special measures for child witnesses
Juvenile law in the UK pertains to the trial and sentencing of children and young people for criminal offences, engaging fundamental rights under the European Convention on Human Rights (ECHR). The age of criminal responsibility in England and Wales is 10 years old, with children under 10 unable to be arrested or charged with a crime. Children between 10 and 17 can be arrested and taken to court if they commit an offence, and their identities are protected under reporting restrictions.
Eligibility for Special Measures
Child witnesses under the age of 18 are automatically eligible to apply for special measures under Section 16 of the Youth Justice and Criminal Evidence Act 1999. This Act also applies to witnesses over 17 who made video-recorded evidence before turning 17.
Types of Special Measures
Special measures can include a range of modifications to enhance a child witness's participation and quality of evidence. These may include:
- Examination through an intermediary during police interviews and court proceedings.
- Giving evidence in private by clearing the courtroom of members of the public.
- Removal of wigs and gowns by judges and lawyers to create a less intimidating environment.
- Giving evidence from behind a screen to shield the witness from seeing the defendant.
- Use of video-recorded evidence, including pre-trial video-recorded cross-examination.
- Giving evidence via live video link from a separate room.
- Use of communication aids, such as an interpreter or computer.
Best Practices for Child Witnesses
To safeguard child witnesses, prosecutors should adhere to the Achieving Best Evidence (ABE) guidance when interviewing them. This includes considering the child's ability to understand, communicate, and function as a competent witness. Interviews should be conducted sensitively, avoiding leading questions and ensuring only authorised individuals are present.
Additionally, the Young Witness Initiative aims to fast-track cases involving child witnesses to reduce stress and improve their memory of the incident.
In conclusion, special measures for child witnesses in the UK's juvenile law are designed to balance the need for justice with the protection and well-being of vulnerable young witnesses. These measures aim to ensure that children can effectively participate in court proceedings while minimising potential trauma.
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Out-of-court disposals
In the UK, the term "out-of-court disposal" refers to various methods of resolving a situation without going to court. These can be informal (non-statutory) or formal (statutory) and do not involve a court decision. The primary goal of the youth justice system is to prevent offending by children and young people. Out-of-court disposals are often considered to achieve this aim by diverting children away from the formal justice system, reducing the likelihood of reoffending due to the stigma of criminal justice intervention. Diversion is not deemed appropriate in all cases, particularly those involving serious offences or harm, where formal processes are necessary.
The Crown Prosecution Service (CPS) plays a crucial role in ensuring that out-of-court disposals are contemplated in suitable cases, adhering to legal guidelines. They also assess and monitor the effectiveness of these disposals locally through Local Criminal Justice Boards and Out-of-Court Scrutiny panels. The CPS, alongside institutions like the Sentencing Council, Ministry of Justice, Youth Justice Board, and the National Police Chiefs' Council, advocate for out-of-court disposals in their policies.
The Child Gravity Matrix serves as a decision-making tool for officers, guiding them on the most suitable outcome or disposal for offending children. It involves locating the offence in the Offence-Specific table, considering aggravating and mitigating factors, and applying these factors to the General Factors for All Offences table. This tool should be used as a guide, with each case assessed individually and in conjunction with relevant laws and guidelines.
Informal out-of-court disposals, also known as point-of-arrest diversion, offer a positive alternative to the formal processing of children through the youth justice system. Formal out-of-court disposals, on the other hand, should be reserved for children who would otherwise receive a court sentence, aiming for the lowest level of criminal justice intervention. An example of a formal out-of-court disposal is a youth conditional caution (YCC), which can be given to a child instead of a prosecution.
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Sentencing options
In the UK, the age of criminal responsibility is 10 years old. This means that children under 10 cannot be arrested or charged with a crime. Children between the ages of 10 and 17 can be arrested and taken to court if they commit a crime.
The UN Convention on the Rights of the Child (CRC), to which the UK is a party, states that the best interests of the child shall be a primary consideration in all actions concerning children. The Youth Court, which is less formal and closed to the public, handles many crimes involving children and young people. The Crown Court, which is not designed for children, has seen an increasing number of cases involving children in recent years.
When a young person is sentenced by a Youth Court for the first time, the court has several options:
- Absolute Discharge: A finding of guilt is made, but no conviction is registered, and the young person is not given any conditions to follow.
- Conditional Discharge: The young person will not be sentenced for an offence unless another offence is committed within a specified time frame.
- Detention and Training Order (DTO)The first level of custodial sentence, lasting between 4 and 24 months. Early release is available for DTOs longer than 8 months, with half of the term served in custody and the rest under supervision.
- Referral Order: Only available when a young person pleads guilty, and can last between three and twelve months. The order is directed by a panel of community volunteers who take a restorative approach and meet with the young person and their parent or carer.
A Youth Rehabilitation Order (YRO) is available as a second conviction option if the young person pleads not guilty in a Youth Court but is found guilty, or if they are sentenced in Crown Court for a first offence. A YRO can last up to three years and can include requirements such as supervision, curfew, unpaid work, activities, exclusions, and specific offence-related programmes.
Out-of-court disposals allow the police to deal with less serious, often first-time offences without a prosecution in court. This can include community resolutions, which are informal, restorative responses to minor crimes that do not result in a criminal record for the young person. A police officer can also give the offender a reprimand or a final warning, which should be given in the presence of an appropriate adult for juveniles under 17.
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Frequently asked questions
In England and Wales, the age of criminal responsibility is 10 years old. Children under 10 cannot be arrested or charged with a crime, but they may face other punishments if they break the law. From the age of 10 to 17, children can be arrested, charged, and taken to court. At 18, individuals are considered adults in the eyes of the law.
Children under 18 are afforded certain protections during criminal proceedings. They have a right to privacy, and their identities are generally protected outside of court. They should be informed of their rights and given access to an "appropriate adult" for support. The court must also consider the best interests of the child and ensure their physical and mental well-being.
The Youth Court has several sentencing options for first-time offenders, including Absolute Discharge, Conditional Discharge, Detention and Training Order (DTO), and Referral Order. A Youth Rehabilitation Order (YRO) is available for second convictions or more serious offences. DTOs and YROs can include supervision, curfews, unpaid work, and specific programmes.
Most juvenile cases are heard in Youth Courts, which are less formal and closed to the public. However, in more serious cases or when a child is jointly charged with an adult, the case may be heard in a Magistrates' Court or Crown Court. In exceptional circumstances, such as in the case of the murder of James Bulger, children can be tried as adults in adult courts.
Out-of-court disposals allow the police to resolve less serious offences without a prosecution. This can include reprimands, final warnings, and youth cautions. These disposals can be given more than once and are intended to divert young people from the criminal justice system, encouraging rehabilitation rather than punishment.
