Youth court basics

CRP.10 — Youth Court Basics

Who is a "youth"?

A defendant aged 10–17 at the date of the first court appearance (the test is age at the hearing, not at the offence). Age 10 is the age of criminal responsibility (Children and Young Persons Act 1933, s.50, as amended). "Child" = 10–13; "young person" = 14–17. If the defendant turns 18 before/during proceedings, special powers govern remittal and sentencing (the court keeps the powers it had unless it remits).

Default venue

Youths are tried summarily in the Youth Court — a specialist magistrates' court (a district judge sitting alone, or a bench of lay youth justices). Where lay justices sit, the bench should normally be mixed-gender, but a single-sex bench is no longer automatically unlawful (the strict "one man and one woman" rule has been relaxed). The Youth Court is closed to the public; press may attend but reporting restrictions normally prevent identification of the youth (CYPA 1933, s.49).

When a youth is tried in the adult/Crown Court

Key exceptions to the Youth Court default:

• Homicide (murder/manslaughter) — must go to the Crown Court.
• Firearms minimum-sentence offences (16/17-year-olds).
• Grave crimes — offences carrying 14+ years for an adult; the Youth Court may decline jurisdiction and send to the Crown Court if a sentence beyond a Detention and Training Order is a realistic possibility (Powers of Criminal Courts (Sentencing) Act 2000, s.91 / now Sentencing Act 2020, s.249).
• Dangerous offenders (extended sentence criteria) — sent to Crown Court.
• Jointly charged with an adult — tried in the adult magistrates' court (then usually remitted to the Youth Court for sentence) where necessary in the interests of justice.

Bail and remand

Same Bail Act 1976 framework, with a presumption favouring bail. Youth remand to custody is a last resort (LASPO 2012 conditions); the default custodial remand is to local authority accommodation, not adult custody.

Sentencing

The court's primary aim is preventing offending by children/young persons (Crime and Disorder Act 1998, s.37), having regard to welfare (CYPA 1933, s.44). Distinctive disposals: referral order (often mandatory on a first guilty plea), youth rehabilitation order (YRO), and the only youth custodial sentence in the Youth Court — the Detention and Training Order (DTO) (4 months–24 months; ages 12–17). The Sentencing Children and Young People guideline applies.

Common SBAQ traps

• Venue test is age at first appearance, not at the offence date.
• The Youth Court can impose a DTO, not adult imprisonment.
• Co-defendant adult → adult magistrates' court, not the Youth Court.
• "Grave crime"/s.91 (s.249 SA 2020) lets the Youth Court decline jurisdiction — it is not automatic Crown Court.
• Don't confuse the welfare duty (s.44 CYPA 1933) with the statutory aim of preventing offending (s.37 CDA 1998).