Youth court procedure - Special considerations in youth sent...

Learning Outcomes

This article explores the principles and processes governing the prosecution, trial, and sentencing of children and young people (aged 10–17) in the criminal justice system of England and Wales. It aims to clarify the statutory and common law distinction between youth and adult procedures, with detailed focus on the welfare-oriented, rehabilitative priorities of youth justice. The article further explains the nuances of the welfare principle, the range of sentencing options available to young offenders—such as Referral Orders, Youth Rehabilitation Orders (YROs), and Detention and Training Orders (DTOs)—and highlights key procedural differences from adult sentencing.

Coverage includes the requirement to account for age, maturity, development, and background in all youth sentencing decisions; the statutory limits and conditions for detention; processes for grave crimes and for joint youth/adult proceedings; the special role of Youth Offending Teams (YOTs) in assessment, reporting and supervision; and the importance of pre-sentence reports for informed, individualised sentencing. Specific attention is given to exceptions, limitations, and the threshold tests for the imposition of certain sentences, as well as the need for tailored interventions and the centrality of multi-agency engagement in youth justice.

Further, the article clarifies the operation of the relevant burdens and standards of proof in youth proceedings, access to legal representation, the impact of reporting restrictions and confidentiality for child defendants, and the sustaining influence of the best interests of the child throughout youth justice involvement.

SQE1 Syllabus

• The principal aim of the youth justice system—prevention of offending by children and young people—and the statutory duty to safeguard welfare.
• Legislative and procedural distinctions between youth and adult criminal justice, including youth-specific sentences (Referral Orders, YROs, DTOs).
• Criteria and conditions governing the imposition of each youth-specific sentence, including the meaning and application of ‘persistent offender’ and the last resort principle for custody.
• The legal and procedural framework for grave crimes, including the limits of youth court jurisdiction, requirements for Crown Court referral, and the sentencing adequacy test.
• The multi-agency composition, responsibilities, and functions of Youth Offending Teams (YOTs).
• Pre-sentence reports and their detailed statutory content, including the requirement for reports to address individual social, developmental, and welfare factors.
• Procedural steps for the prosecution and trial of indictable offences involving youths, with attention to forced allocation, joint youth/adult proceedings, and summary versus Crown Court trial.
• Principles of the welfare requirement, scaled approach, mandatory parental attendance, and reporting restrictions within youth justice proceedings.

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 principal aim of the youth justice system in England and Wales?
   1. Punishment of offenders
   2. Prevention of offending by children and young people
   3. Protection of the public
   4. Reparation by offenders
2. Which court order is typically used for first-time young offenders who plead guilty to an imprisonable offence?
   1. Detention and Training Order (DTO)
   2. Youth Rehabilitation Order (YRO)
   3. Referral Order
   4. Fine

3. True or false? A Detention and Training Order (DTO) can be imposed on a 13-year-old offender regardless of their previous offending history.

4. What is the maximum duration for which a Youth Rehabilitation Order (YRO) can be imposed?
   1. 6 months
   2. 12 months
   3. 24 months
   4. 36 months

Introduction

Sentencing children and young people (aged 10 to 17) in England and Wales is governed by rules and principles that firmly distinguish youth cases from those involving adults. This distinction reflects an understanding of the reduced maturity, evolving capacity, and rehabilitative potential of young offenders. The statutory framework is rooted in section 37(1) of the Crime and Disorder Act 1998 (declaring the prevention of offending as the principal aim of youth justice) and section 44(1) of the Children and Young Persons Act 1933 (imposing a duty on all criminal courts to consider the welfare of every child or young person before them).

This welfare-centric approach recognises that young people will, in almost all cases, benefit from methods designed to protect, educate, and support re-entry, rather than to punish. Youth justice therefore seeks to reduce reoffending, enable social re-entry, and attend to causes and vulnerabilities that may contribute to criminal behaviour, all while maintaining public protection.

The processes, thresholds, and criteria for prosecution, conviction, and sentencing in youth cases are specifically designed to reflect this framework, with legal principles and procedures adapted to the unique developmental, psychological, and social characteristics of children and young people.

Core Principles in Youth Sentencing

The statutory and common law rules governing youth sentencing are shaped by recognition of children’s diminished culpability and their heightened prospects for rehabilitation. Courts must always individualise their decisions, taking account of the chronological, developmental, and emotional age of the youth; the seriousness, context, and persistence of the offence; and the circumstances and vulnerabilities relevant to both the child and society.

Key Term: Welfare Principle
The statutory rule (Children and Young Persons Act 1933, s 44(1)) that all criminal courts dealing with children or young people must have regard to their welfare, including acting to remove them from harmful surroundings, and ensuring provision for their education and training.

This principle means courts are required to weigh rehabilitation and best interests against the protection of the public and the gravity of the crime. The focus is not on simple deterrence, but rather on supporting the child’s social re-entry, reducing exclusion, and minimising reoffending.

Age of Criminal Responsibility and Youth Jurisdiction

In England and Wales, a child under the age of 10 is not criminally liable for any act or omission—no prosecution or conviction can follow. For those aged 10–17, the youth court operates as a specialist jurisdiction, with procedures and sentencing powers tailored to developmental needs. Children and young people aged 10–13 are referred to as ‘children’ for legal purposes, and those aged 14–17 as ‘young persons’. The age of the defendant at the date of first court appearance is key to determining jurisdiction and available sentencing powers.

If a defendant turns 18 prior to their first court appearance, the youth court loses jurisdiction, and the case must be dealt with in the adult magistrates’ court or the Crown Court. However, if the defendant turns 18 after proceedings have commenced in the youth court, the court can still retain jurisdiction or, in appropriate circumstances, remit to the adult magistrates’ court, with the adult court having power to impose adult sentences. A child or young person may be remitted to the adult court for sentence, but no right of appeal exists against remittal itself.

Where a child or youth is jointly charged with an adult, or where offences are connected, initial proceedings will usually start in the magistrates’ court, with specific provisions determining subsequent venue and allocation.

Sentencing Guidelines and Framework

Sentencing for children and young people must be guided by the Sentencing Council’s Sentencing Children and Young People—Definitive Guideline (2017). This guideline is binding and underlines the requirement for court decisions to emphasise the prevention of offending and rehabilitation, with custody as a last resort. Sentencing is individualistic for youths, rather than offence-focused, and always starts from the question, “what does this child need to desist from reoffending?” In every case, the court should consider:

• The young person’s chronological, emotional, and developmental maturity.
• The seriousness and context of the offence, including harm, culpability, and persistence.
• Likelihood and risk of further offending, and the presence of aggravating factors (e.g., prior involvement with youth justice, peer influence, educational disengagement).
• The child's environment, including family, housing, social support, and the presence of protective or risk factors.
• Health and additional vulnerabilities, including neurodivergence, learning difficulties, mental illness, or experiences of trauma or abuse.

Where a decision on sentence is required in all but the least serious cases, the youth court must obtain a pre-sentence report from the Youth Offending Team (YOT). This report provides a multi-agency assessment of the child’s personal history, attitude to offending, risk factors, support needs, and the recommended measures or orders.

Key Term: Youth Offending Team (YOT)
A local team comprising representatives from probation, education, social services, health and the police responsible for assessing, supervising, and supporting young offenders, preparing pre-sentence reports, and overseeing the implementation and compliance with court orders.

The Definitive Guideline specifies that measures should be scaled according to risk, with intensity and duration commensurate to the level of need and risk of harm. Orders must remain proportionate, tailored, and focused on repairing harm and reparation, never unduly punitive.

Where the court determines sentence, it must record its reasons, making clear reference to the guideline, the welfare principle, and the necessity and proportionality of the chosen sanction. All available information, including pre-sentence and oral reports, character evidence, and the young person’s own views, is relevant and should be considered.

Youth sentencing orders can include substantial input from parents/guardians, with the court able to require parental attendance or engage supportive family measures as part of the sentence.

Procedural Features Distinct from Adult Proceedings

Youth court procedures depart from adult criminal process to accommodate the vulnerability, needs, and limited understanding of children and young people. These features include:

• Hearings held in closed court, with public access strictly controlled.
• Mandatory parental attendance (for those under 16; discretionary for age 16–17).
• Special protections relating to reporting restrictions and confidentiality (s 49 Children and Young Persons Act 1933), including strict limits on identifying the youth or witnesses under 18.
• Use of intermediaries and special measures to enable best evidence, such as video links, screens, or the exclusion of wigs and gowns.
• The presence of YOT members at all hearings to provide information and immediate support.
• Court staff and legal professionals trained in youth matters.

The aim is to provide a supportive, less formal environment that enables young people to participate effectively in proceedings, understand the process, and avoid re-traumatisation or exclusion.

Youth Court Sentencing Options

The youth court's range of sentences is structured to reflect the rehabilitative, reparative, and protective objectives prioritised for children and young people. Sentencing must always be tailored to the unique needs and risks of the individual, with an express preference for non-custodial, community-based methods. Custodial sentences should be imposed only where the crime is so serious or persistent that no other measure is sufficient.

Referral Orders

Referral Orders (ROs) are the principal community sentence for first-time youth offenders pleading guilty to an imprisonable offence and who are not liable to a custodial sentence or absolute discharge. The RO is designed to encourage responsibility, reparation, and engagement with restorative justice.

Key Term: Referral Order
A community order requiring the young offender to attend meetings with a Youth Offender Panel (YOP), formulated by the YOT, and to comply with a tailored, restorative contract designed to address offending behaviour, repair harm, and encourage positive change.

A Referral Order typically involves a contract between the child, their parents/guardians, the YOP, and sometimes victims. It lasts from 3 to 12 months, with the duration reflecting offence seriousness. Participation in the restorative process is mandatory, and failure to comply can result in breach and re-sentencing for the original offence. For children who have previous convictions, a Referral Order may still be made if exceptional circumstances are identified.

Key Term: Youth Offender Panel (YOP)
A panel usually consisting of at least one YOT worker and community volunteers, empowered to agree a tailored contract with the young offender and parents/carers, focusing on restorative activities, reparation, and community participation.

Should a child breach the requirements of a Referral Order, the youth court has discretion to impose alternative sanctions, including more restrictive community sentences, when resentencing for the original offence.

Worked Example 1.1

Liam, aged 13, is convicted in the youth court of burglary (an imprisonable offence) and pleads guilty. He has no prior criminal record or cautions. Custody and absolute discharge are not being considered.

Answer:
The youth court must impose a Referral Order. Liam will be required to attend a Youth Offender Panel with his parents and work with YOT representatives to agree a contract, which will involve reparation to victims, activities addressing antisocial behaviour, and educational support as necessary. The order will last between 3 and 12 months, depending on the offence seriousness.

Youth Rehabilitation Orders (YROs)

The Youth Rehabilitation Order is a flexible, modular community sentence available for offences where a Referral Order would be inappropriate or has already been imposed, and where the seriousness of the offence or persistence of offending makes further involvement necessary.

Key Term: Youth Rehabilitation Order (YRO)
A multi-requirement community sentence recording one or more specified requirements, such as supervision, programmes, activity, curfew, unpaid work, treatment, or exclusion, individually tailored after assessment of the youth’s needs and risks. Maximum duration is three years.

Each YRO must be constructed in line with the ‘scaled approach’, matching the order’s requirements and level of involvement to the child’s risk of further offending and assessed risk of harm to others. Requirements may include:

• Supervision by the YOT
• Participation in activities (e.g., education, restorative work)
• Unpaid work (minimum age 16; subject to offence seriousness)
• Programme requirements (anger management, substance misuse, offending behaviour interventions)
• Curfews and electronic monitoring
• Exclusion, residence, or attendance centre participation
• Treatment for mental health, drugs, or alcohol

The selection, combination, and duration of these requirements should be both necessary and proportionate, designed to balance accountability with support and rehabilitation. Intensive YROs, flagged as ‘intensive supervision and surveillance’ or ‘placement’ orders, may be imposed in especially persistent or high-risk cases where custody would otherwise be justified.

Worked Example 1.2

Chloe, aged 15, appears before the youth court for her fourth offence in 18 months, including serious criminal damage. She has difficulties at home, is not in mainstream education, and the YOT assessment points to cannabis use and poor anger regulation. A Referral Order is considered insufficient.

Answer:
A Youth Rehabilitation Order is appropriate, with requirements likely to include: YOT supervision, activity (education or employability support), an anger management programme, substance misuse intervention, and a possible curfew with electronic tagging. The requirements and their intensity must be proportionate to Chloe's assessed needs and risk.

Detention and Training Orders (DTOs)

A DTO is the principal custodial sentence available in the youth court, reserved strictly for cases where the offending is so serious or persistent that neither a fine nor community sentence suffices.

Key Term: Detention and Training Order (DTO)
A fixed-term custodial sentence of 4, 6, 8, 10, 12, 18 or 24 months, divided equally between time served in youth detention (secure training centre, young offenders’ institution, or secure children’s home) and supervision on release in the community by the YOT. DTOs cannot be imposed for offences committed below age 12.

For 12–14-year-olds, DTOs are available only if the court is satisfied that the child meets the threshold of being a 'persistent offender'—a finding that must be made on fact-specific assessment and is usually substantiated by recent, repeated, and similar criminal behaviour. For 15–17-year-olds, the persistence threshold does not apply, but the court must still find that the offence is so serious that no other sentence is suitable.

Key Term: Persistent Offender
A young person with a record of frequent or serious criminal behaviour, evidenced by multiple previous convictions or repeated offending of a similar gravity in a short timescale—determined at the court's discretion with reference to guidance.

DTOs must be the sentence of last resort and only imposed when the court is convinced all alternative community-based options are insufficient. Every order must support rehabilitation, education, and social re-entry, and be proportionate to offence seriousness.

Worked Example 1.3

Ahmed, aged 12, is convicted for robbery. He has four previous convictions for comparable offences, all within the past year. The pre-sentence report identifies a high risk of reoffending and of harm to the public.

Answer:
Ahmed could be classified as a ‘persistent offender’ given the frequency and similarity of his offending. If the court is satisfied that only a custodial sentence suffices, a DTO of 4–24 months is available. He would serve half the sentence in secure accommodation with intensive support, and half under YOT supervision in the community.

Additional Disposals and Sentencing Considerations

While the focus above is on the main youth court disposals, a range of other options exists for less serious or first-time offending. These may include absolute or conditional discharges, fines, or, in rare cases, reparation orders. However, for all except the least serious outcomes, a pre-sentence report and YOT involvement remain essential. Discharges are generally used for technical or trivial offending; fines must be proportionate, and the child's capacity to pay must be considered.

The Definitive Guideline also encourages courts to consider wider restorative justice programmes, reparation to victims or communities, and, where appropriate, diversion from the formal justice system via warnings or cautions prior to court involvement (for eligible offences and admissions).

Compulsory parental involvement measures may be imposed, and courts can also order parenting programmes or impose Parenting Orders, requiring parents/guardians to participate in training or guidance.

Grave Crimes

‘Grave crimes’—serious indictable offences with maximum sentences of at least 14 years' imprisonment for adults aged 21 or over (such as robbery, rape, or s 18 GBH)—trigger special sentencing and jurisdictional procedures when committed by children or young people.

Key Term: Grave Crime
An indictable offence for which an adult (aged 21+) could receive a statutory maximum of at least 14 years' imprisonment (including robbery, wounding with intent (s 18 OAPA 1861), rape, aggravated arson, and certain serious firearms offences).

When a child or young person is charged with a grave crime and indicates a not guilty plea, the youth court must consider if its own sentencing powers (specifically a maximum DTO of 24 months) are sufficient in light of the offence's seriousness and circumstances. If the court considers that upon conviction a sentence longer than its powers might realistically be needed, it must decline jurisdiction and send the case to the Crown Court for trial.

If a guilty plea is entered and accepted in the youth court, it may try and sentence the matter summarily, but if post-conviction the youth court believes its sentencing powers are inadequate, it can commit the case to the Crown Court for sentence.

This referral mechanism ensures public confidence in the adequacy of sentences for the most serious youth offences and upholds the principle that the full range of sanctions (including sentences exceeding youth court powers) can be imposed by the Crown Court when truly justified.

The key test for Crown Court transfer is not whether it is strictly possible for a longer sentence to be imposed, but whether there is a "real prospect"—considering the offence and youth's background—that more than 24 months should be given.

Worked Example 1.4

Sophie, 14, is charged with aggravated arson (a grave crime) and pleads not guilty. The youth court considers the facts—including intent, planning and impact—and judges that a DTO at the maximum (24 months) might not be sufficient given the harm caused and ongoing risk.

Answer:
The youth court should send the case to the Crown Court for trial and sentence. The Crown Court is then able to impose any sentence (including up to and exceeding 24 months' detention) available to an adult, but can select from the full range of youth and adult sentences, bearing in mind the youth’s age and developmental factors.

Youth Jointly Charged with Adults

When a child or young person is jointly charged with an adult (or where offences are otherwise factually or evidentially linked), both must attend a magistrates’ court for their first appearance. The default position is that youths should be tried separately in the youth court, except where:

• The interests of justice require a joint trial (for example, where evidence against both would be substantially the same, or separate trials would cause significant delay or forcing witnesses to testify more than once).
• The adult co-defendant is sent to the Crown Court for trial and a joint hearing serves the interests of justice.

In decision-making at this stage, the court must weigh the public interest and procedural efficiency against the fundamental need to safeguard the welfare and rights of the child or young person. Trial together is an exception, not the rule—and only for limited cases where split-off proceedings would undermine the fairness or speed of justice.

If tried together and convicted, youths will normally be remitted back to the youth court for sentence, unless, for example, the magistrates’ court immediately imposes a fine or absolute/conditional discharge. For grave crimes, the Crown Court will generally sentence, applying youth sentencing principles and powers, but not exceeding the limits on detention for children.

Worked Example 1.5

Ryan, aged 15, and his brother Tom, aged 19, are jointly charged with aggravated burglary. Neither has any prior convictions. The adult pleads not guilty and is sent to the Crown Court for trial, while Ryan wishes to plead guilty.

Answer:
Given the gravity of the charge (aggravated burglary), both defendants may be sent to the Crown Court. The interests of justice may favour a joint trial due to shared factual circumstances, and the youth will be sentenced according to youth justice principles—even if sentenced by the Crown Court. For less grave offences, the youth would usually be remitted for sentence to the youth court.

The Role of Youth Offending Teams (YOTs)

YOTs play an essential and multi-faceted role at every stage of the youth justice process. They are responsible for the coordination of multi-agency assessment, the provision of support and measures, drafting pre-sentence and progress reports, and direct supervision of sentences in the community. YOTs coordinate contributions from education, probation, social care, health, and police, ensuring that children’s needs and risks are thoroughly assessed and that tailored measures are planned and delivered.

A pre-sentence report from the YOT will include (as appropriate):

• An assessment of the child’s developmental and emotional maturity
• Historical and present risk factors, including family, school, peer and neighbourhood influences
• Analysis of the offence circumstances and the youth's attitude to the offence
• Details of health, special educational needs, or vulnerabilities
• Recommendations on appropriate sentencing options, and details of available measures and services
• The young person’s own views and aspirations, as far as possible

YOTs are also responsible for informing the court of concerns (such as risk to self or others), advising on bail and remand options, monitoring compliance with court orders, and enabling access to specialist support. The ongoing involvement of YOTs enhances the likelihood of positive outcomes, including reductions in reoffending and improved life chances.

Evidential and Procedural Safeguards in Youth Cases

In line with the presumption of innocence, the prosecution in youth cases always bears the legal burden of proving every element of the offence charged, including actus reus, mens rea, and the absence of a defence, to the criminal standard (beyond reasonable doubt). Youth defendants, like adults, only bear an evidential burden when raising a defence, except for statutory exceptions (e.g., diminished responsibility).

Special measures exist to support the participation of vulnerable witnesses and defendants, including children. These may include screens, live links, intermediaries, or removal of wigs and gowns in court. Attendance of an appropriate adult or parent is routine, and where youth defendants have difficulties understanding, proceedings may be adjusted or paused to allow for proper advice and support.

Legal advice is available to all children and young persons at the police station and throughout proceedings. At court, representation is typically secured through a representation order. All youths under 18 automatically satisfy the means test; the interests of justice test is also generally presumed to be met, given the significance of the consequences and the need to safeguard the welfare of children.

Reporting restrictions operate by default in youth proceedings, with tight controls on the release of information likely to identify children involved as defendants, victims, or witnesses. These restrictions typically end when the child turns 18, unless extended by a particular court order. Exceptions are rare and only justified by the interests of justice or public protection.

The court’s discretion to admit or exclude evidence, and to tailor the conduct of proceedings to accommodate youth vulnerability, is broader than in adult cases but always balanced against the requirement for a fair trial.

Summary

• Youth justice is structured primarily around the welfare principle and the statutory duty to prevent offending by children and young people.
• The Sentencing Council’s definitive youth guideline mandates a focus on rehabilitation, individual circumstances, and developmental needs, rather than solely on the offence.
• Referral Orders are the mandatory sentence for first-time offenders pleading guilty to imprisonable offences (in the absence of more serious or trivial circumstances); their core is joint involvement in a restorative contract agreed with a Youth Offender Panel.
• YROs represent a scalable, flexible, multi-modular community disposal used for persistent, serious or complex offending, and tailored closely to the child’s risks and requirements.
• Custodial sentences (DTOs) are strictly measures of last resort; not available for children under 12, and only for persistent offenders aged 12–14, or on the seriousness threshold for 15–17-year-olds.
• Grave crimes (those with a maximum adult sentence of at least 14 years) trigger a requirement for the youth court to assess the adequacy of its sentencing powers and refer to the Crown Court if necessary for adequacy.
• Where charged jointly with adults, youths will normally be remitted to the youth court except where it would undermine the interests of justice, or where the adult is sent to be tried or sentenced in the Crown Court.
• YOTs are essential to assessment, reporting, recommending, and supervising all measures with youth offenders.
• The prosecution bears the burden of proving the offence; children have access to legal advice, and their participation is maximised through procedural adjustments and the use of special measures.
• Reporting restrictions, parental involvement, and bespoke courtroom practices are key features of youth proceedings, designed to protect and support young defendants.

Key Point Checklist

This article has covered the following key knowledge points:

• The youth justice system’s principal aim is the prevention of offending by children and young people, with the welfare principle (s 44 Children and Young Persons Act 1933) always engaged.
• Age of criminal responsibility is 10; no proceedings can be brought for offences below this age, and jurisdiction is determined by age at proceedings.
• Youth sentencing is substantively and procedurally distinct from adult sentencing, reflecting developmental, social, and emotional factors.
• Courts must apply the Sentencing Children and Young People Definitive Guideline, focusing on individualised, proportionate, welfare-based decisions.
• Multi-agency YOTs are essential to assessment, reporting, court recommendations, and supervision of all youth disposals and sentences.
• Referral Orders are mandatory for first-time guilty pleas to imprisonable offences, with involvement in a Youth Offender Panel and restorative process at their core.
• YROs are flexible, community-based, proportionate, and tailored by risk and need, with a duration of up to 3 years and numerous possible requirements.
• DTOs are only available for those aged 12+ (12–14s must be persistent offenders), and deliver split custody/community sentences with comprehensive rehabilitative support—custody is a last resort.
• ‘Persistent offender’ is a flexible threshold defined by court discretion and guidance, taking into account cumulative pattern, time frame, and seriousness.
• Grave crimes (adult maximum 14+ years) require the youth court to test the sufficiency of its sentencing power and to refer to the Crown Court if longer sentences may be necessary.
• Youths jointly charged with adults should be separated for trial unless justice requires a joint hearing, in which case youth sentencing principles and powers still apply.
• The welfare of the young person is a constant concern at all pre-trial, trial, and sentencing steps, including bail, reporting restrictions, compulsory parental attendance, and the use of special measures.

Key Terms and Concepts

• Welfare Principle
• Youth Offending Team (YOT)
• Referral Order
• Youth Offender Panel (YOP)
• Youth Rehabilitation Order (YRO)
• Detention and Training Order (DTO)
• Persistent Offender
• Grave Crime