Learning Outcomes
After studying this article, you will be able to explain the core procedures and legal rules governing the youth court in criminal litigation. You will understand the jurisdiction of the youth court, the treatment of grave crimes and joint adult/youth offences, the allocation process, bail considerations for youths, and the principal sentencing options available for young offenders. This will enable you to address SQE2 problem scenarios and apply the Youth Justice system’s requirements effectively.
SQE2 Syllabus
For SQE2, you are required to understand youth court procedure from a practical standpoint, including advice on allocation, bail and sentencing. During revision, focus in particular on:
- the jurisdiction of the youth court and when a youth must or may be sent to the Crown Court
- the definition and treatment of grave crimes involving young defendants
- the process for allocating joint youth/adult charges
- bail considerations for juveniles
- the main youth sentencing options, including referral orders, detention and training orders (DTOs), and youth rehabilitation orders (YROs)
- the role of the Youth Offending Team (YOT) and factors influencing youth sentencing.
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.
- What is the general rule regarding the jurisdiction of the youth court for a 15-year-old charged with an either-way offence?
- In which situations can or must a youth be sent to the Crown Court for trial?
- What is a "grave crime" for the purposes of youth court allocation, and how does it affect trial venue?
- What options does the youth court have when a youth pleads guilty to an offence for which he or she has no previous convictions?
- Under what circumstances may a youth be refused bail after charge?
Introduction
The youth court deals with children and young people aged 10–17 accused of criminal offences. It is a specialist court designed to provide procedures and outcomes tailored to young defendants. Understanding the practical operation and legal framework of youth court procedure is essential for SQE2 and is commonly tested in professional legal skills assessments. Solicitors must be able to advise on venue, allocation to the Crown Court, bail, and youth-specific sentencing.
Youth court jurisdiction
Youths aged 10–17 charged with criminal offences are generally dealt with by the youth court, which is a branch of the magistrates’ court constituted by specially trained magistrates or a District Judge. The youth court has a less formal setting than an adult court and is intended to be more accessible to young people.
Key Term: youth
A youth is a person who, at the date of their first court appearance, is under 18 years old.
Grave crimes and Crown Court allocation
While most cases involving young defendants are tried in the youth court, some circumstances require or allow the case to be sent to the Crown Court:
- Homicide offences (murder, manslaughter, attempted murder): always sent to the Crown Court for trial.
- Firearms offences where a mandatory minimum sentence applies and the youth is 16 or older at the time of the offence: sent forthwith to the Crown Court.
- "Grave crimes": other serious offences for which the maximum sentence for an adult is at least 14 years’ custody.
Key Term: grave crime
For youth court purposes, a grave crime is an offence (other than homicide) where an adult aged 21+ could receive at least 14 years’ imprisonment, including robbery, s.18 OAPA, and certain serious sexual offences.
If a youth is accused of a grave crime and pleads not guilty, the youth court must assess whether its sentencing powers (maximum 24 months’ DTO) are sufficient. If not, or if there is a real prospect that a sentence longer than 2 years’ DTO would be required, the case should be sent to the Crown Court. If the youth pleads guilty, the youth court can proceed to sentence (with power to commit to the Crown Court for sentence if needed).
Joint youth/adult charges and allocation
Where a youth and adult are jointly charged (or accused of offences arising from the same facts), both will make their first appearance together in the magistrates’ court. The decision on allocation follows the venue for the adult: if the adult is to be tried in the Crown Court, the youth may be sent also (see below), but only if it is in the interests of justice to do so. If the adult consents to summary trial, the youth is usually tried with them in the magistrates’ court and, if convicted, is normally remitted to the youth court for sentence.
Key Term: allocation
The process of determining the most suitable court (youth, magistrates’ or Crown Court) for the trial of a young defendant.
Worked Example 1.1
Natasha (aged 14) and her 22-year-old cousin are jointly charged with burglary, an either-way offence. The adult elects Crown Court trial. What is the most likely venue for Natasha’s trial, and how is her sentence determined?
Answer:
Natasha’s trial will take place in the magistrates’ court alongside her cousin since they are jointly charged. If convicted, she would usually be remitted to the youth court for sentence unless the offence is so serious that the magistrates sentence her themselves.
Bail for youths
Bail is the default position after charge, subject to the same broad rules as for adults but with additional welfare-based considerations. The youth’s age, vulnerability, safeguarding, and accommodation must be taken into account. If refused bail, a youth aged 12 or over is generally remanded to local authority accommodation or, in rare cases, secure youth detention accommodation.
Key Term: local authority accommodation
Accommodation provided by the local authority for a youth refused bail, rather than being kept in police custody.
The two exceptions where a youth may be kept in police custody after charge are:
- it is impracticable to transfer to local authority accommodation; or
- the youth (aged 12+) is charged with a serious offence and local authority accommodation would not protect the public from serious harm.
Sentencing in the youth court
The youth justice system focuses on prevention of reoffending, welfare, and proportionality. The court must consider the principal aim of the youth justice system: to prevent offending by children and young people, as well as their welfare and the seriousness of the offence.
Key Term: Youth Offending Team (YOT)
A multi-agency team attached to each youth court area responsible for working with the court, supervising orders, and supporting children and their families.
Main youth sentencing options
- Referral order: For first-time offenders who plead guilty and are not being discharged or given a custodial sentence.
- Youth Rehabilitation Order (YRO): A flexible community sentence with tailored requirements (e.g., supervision, activity, curfew).
- Detention and Training Order (DTO): A custodial sentence (4–24 months), available only for youths aged 12+ meeting certain thresholds.
- Absolute/conditional discharge or fine: Available in less serious cases.
Key Term: referral order
An order requiring a youth who pleads guilty and is being dealt with for the first time to attend and comply with a contract supervised by a Youth Offender Panel.
Youths sentenced to custody will serve half their DTO in youth detention and half in the community under supervision.
Worked Example 1.2
Sam (aged 15) pleads guilty to theft. He has no previous convictions. What sentence is the court most likely to impose?
Answer:
The court will normally impose a referral order, as Sam is a first-time offender who has pleaded guilty and is not to be discharged or sent to custody.
Appeals from the youth court
Appeals from the youth court follow the same process as adult magistrates’ courts: appeals against conviction/sentence are to the Crown Court, while points of law may be appealed by way of case stated to the High Court.
Revision Tip
When advising a young client, always check their age on the date of first appearance — this determines the court’s jurisdiction.
Key Point Checklist
This article has covered the following key knowledge points:
- Youths aged 10–17 are generally tried in the youth court, with specific exceptions.
- Grave crimes and homicide always require consideration of Crown Court allocation.
- When a youth is jointly charged with an adult, the adult’s venue usually determines the trial court, but sentencing is normally in the youth court.
- The youth court has different sentencing powers and additional focus on welfare and rehabilitation.
- Bail or remand for youths involves distinct procedures, aiming to avoid police custody.
- Main youth sentences include referral orders, Youth Rehabilitation Orders, and DTOs.
- The Youth Offending Team has an important advisory and supervisory role.
- Appeals from the youth court are to the Crown Court in the same way as adult magistrates’ court appeals.
Key Terms and Concepts
- youth
- grave crime
- allocation
- local authority accommodation
- Youth Offending Team (YOT)
- referral order