Youth justice in England and Wales

The youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences.

The principal aim of the youth justice system is to prevent offending by children and young persons.

This is an executive public body funded by the Ministry of Justice and set up under the Crime and Disorder Act 1998.

[2][3] Now, children aged between 10 and 17 are capable of committing offences and it is not possible for a child to avoid liability by showing that they do not know the difference between right and wrong.

After a person aged 10 to 17 has been arrested and taken to a police station, the Police and Criminal Evidence Act 1984 requires that the custody officer ascertain the identity of a parent, guardian, Local Authority carer or any other person who has assumed responsibility for the juvenile's welfare and must inform them of the arrest.

As for adults, the main reasons for refusing bail are that the defendant is accused of an imprisonable offence and there are substantial grounds for believing that the defendant: The court may also refuse bail for the juvenile's own protection or welfare[8] or for a limited number of other reasons.

The magistrates and district judges who sit in a youth court will receive specialist training on dealing with young people.

[18] A youth court is presided over by either a district judge or a bench of two or three lay magistrates, which previously must (unless there are unforeseen circumstances) have included both a man and a woman,[19] though this requirement has since been repealed.

The needs and wishes of victims will always be considered by the court and, through the youth offending team (YOT), they often have the opportunity to have an input into the sentencing process.

[22] Due to funding cuts through austerity cases take much longer to be dealt with, children appear in court without legal representation and without an appropriate adult to support them.

Anne Longfield maintains the English and Welsh youth justice system is, “chaotic and dysfunctional” after nearly a decade of court closures and cuts.

Children who got a youth caution or sentence who were black, Asian or minority ethnic have proportionately nearly doubled from 14% in 2010 to 27% in 2018.

In 2018–2019 in Greater Manchester police took no decisions over 100 rapes and one murder with child suspects, leaving accused children and their alleged victims uncertain.

[22] Paragraph II.30 of the Consolidated Criminal Practice Direction makes provision for the adapting the procedures in the Crown Court where a juvenile is tried, to assist in their taking part in the trial.

A defendant under the age of 18 may give evidence by live link if: The courts have the powers to pass the following sentences:[29] youth community orders (if aged 17 or under) The local authority, if notified of proceedings and unless they consider it unnecessary to do so, should make such investigations and should provide the court with information relating to the home surroundings, school, record, health and character of the defendant and any other matters required by the court.

[33] No custodial sentence may be passed on an offender aged under 21 who is not legally represented at least at some point after he is found guilty and before sentence (unless he was granted a right to representation funded by legal aid but the right was withdrawn because of his conduct; or having been informed of his right to apply for such representation and having had the opportunity to do so, he refused or failed to apply).

[63] Section 23 of the Powers of Criminal Courts (Sentencing) Act 2000 makes the following provision about the contents of the contract: (2) The terms of the programme may, in particular, include provision for any of the following— (3) The programme may not, however, provide— (a) for the electronic monitoring of the offender's whereabouts; or (b) for the offender to have imposed on him any physical restriction on his movements.

[65] If a court has made a referral order, it may not at the same time: Other than in respect of a conviction for murder, and having received a report indicating the type of work suitable and the attitude of the victim(s), the offender may be ordered by the court to make reparation by making reparation to certain persons or to the community at large, so long as this does not involve more than 24 hours work.