Facing youth criminal proceedings can be an incredibly distressing experience for both a young person and their family. If your child is under 18 and has been arrested or is suspected of committing a crime, it's essential to seek legal advice as soon as possible. At Duncan Lewis, we can provide immediate assistance, contacting the police station on your behalf, confirming the position with your child, and engaging with the authorities to ensure their rights are protected throughout the process.
The Age of Criminal Responsibility in England and Wales
In England and Wales, the age of criminal responsibility is set at 10 years old. This means that children under 10 cannot be arrested or charged with a criminal offence. Instead, if a child under this age breaks the law, alternative measures may be taken, such as interventions from social services or a family court. However, once a child reaches the age of 10, they can be arrested and face charges in a court of law if they commit a crime.
Children between the ages of 10 and 17 who are accused of criminal offences are treated under a separate system known as the youth justice system.
The Importance of Legal Advice
It's vital to seek legal advice as soon as your child is arrested. The legal professionals at Duncan Lewis can guide you through the entire process, from the initial arrest to the court proceedings. Our team will ensure that the police conduct their investigations lawfully and fairly, and that your child's rights are respected during their detention and any questioning.
We can also engage with the police to clarify the situation and provide your child with the best legal representation possible. Early intervention is crucial to ensure that your child receives a fair process, especially considering the complexities of youth crime.
Identity of Young Offenders: Legal Restrictions
One of the key differences in the youth justice system is the protection of the child's identity. If a child between the ages of 10 and 17 is charged with a crime, the law prohibits the disclosure of their identity outside the court. Reporting restrictions are in place to protect their anonymity, which includes not revealing the child's name, home address, school, or any other identifying details, such as photographs.
These restrictions are in place to prevent the child from being publicly shamed or identified, helping them to avoid lasting damage to their reputation. However, these restrictions can be challenged, usually by the media, but this can only happen after the case has concluded.
The Youth Court Process: How Cases are Heard
In cases involving young offenders, the legal proceedings are designed to be less formal than adult criminal proceedings. Youth cases are usually heard in the Youth Court, which is a specialized magistrates' court that deals specifically with young people aged 10 to 17.
The Youth Court handles a range of offences, including theft, burglary, anti-social behaviour, and drug-related crimes. However, if a young person is accused of a more serious offence, such as violent crime or murder, the case is usually transferred to the Crown Court.
Using the Full Code Test, the criminal justice system takes into account a wide range of factors when deciding to prosecute youth crime, including:
- A defendant's home life and background
- Information from children's services
- Information from the police
- Whether prosecution is in the public interest
Unlike adult courts, where proceedings are often open to the public, the Youth Court is closed to the public, and only certain individuals may be allowed to enter. These include legal professionals, the parties involved (such as the defendant and the prosecution), the child's parents or guardians, and, in some cases, members of the press who have been granted access by the court.
Supporting Your Child Through Legal Proceedings
At Duncan Lewis, we understand the stress that an arrest can cause for both young people and their families. That's why we offer comprehensive legal support from the moment your child is arrested. We are experienced in defending youth crime cases, ensuring that young defendants are treated fairly and given the best possible opportunity to present their case.
Our team can guide you through every stage of the process, including preparing your child for their court appearance and advising on whether it's in their best interests to enter a plea. We can also challenge any decisions made by the CPS if we believe they are unjust and pursue a Judicial Review to seek a fair outcome for your child.
How Young Offenders are Treated in Court
If the defendant is aged 16 or under, it is mandatory for their parent or guardian to attend the court proceedings. This helps provide emotional support and ensures that the young person is fully aware of what is happening during the case.
In more serious cases that are transferred to the Crown Court, efforts are made to make the young defendant feel at ease. For example, counsel for both the prosecution and the defence, as well as the judge, may remove their wigs and robes, which are typically worn in formal court proceedings, to reduce the pressure on the young person.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
