Youth Justice (Under 18s) (England & Wales): 12 questions answered
In England and Wales children can be prosecuted from the age of 10, but under-18s are dealt with differently from adults. They get an appropriate adult at the police station, cases go to the youth court, sentences focus on preventing reoffending, and reporting restrictions usually protect their identity.
Law checked as at 25 September 2026. Legal information only, not legal advice. See how we check this page and recent changes.
What is the age of criminal responsibility in England and Wales?
The age of criminal responsibility in England and Wales is 10. A child under 10 cannot be arrested, charged or convicted of a crime, although other measures such as a child safety order or social services involvement are possible. From 10 to 17, a child can be arrested, interviewed and prosecuted, but the youth justice system applies. Its main aim, under section 37 of the Crime and Disorder Act 1998, is to prevent offending by children, and courts must have regard to the child's welfare.
What happens if a child is arrested?
Police must tell a parent, guardian or carer as soon as practicable, and an appropriate adult must be called to the police station. Like adults, the child has the right to free, independent legal advice and to have someone told of the arrest. They should not normally be interviewed without the appropriate adult present. The child has the right to remain silent, but a court may draw adverse inferences at trial from silence in some circumstances, so legal advice before interview is especially important. Children should be kept apart from adult detainees.
What does an appropriate adult do?
An appropriate adult, required under PACE Code C for anyone under 18, supports the child and makes sure they understand what is happening and are treated fairly. It is often a parent or carer, or a trained volunteer or social worker if no suitable family member is available. They should be present for the police interview, when the child is charged, and normally during any strip or intimate search. They can ask for legal advice for the child. An appropriate adult is not a lawyer, and conversations with them are not legally privileged in the way talks with a solicitor are.
What is a youth caution or youth conditional caution?
A youth caution is a formal out-of-court warning that police can give a child who admits an offence, where there is enough evidence to charge and a prosecution is not needed. A youth conditional caution also carries conditions, such as repairing harm or taking part in a programme, and breaking them can lead to prosecution for the original offence. Both are given under the Crime and Disorder Act 1998, normally with an appropriate adult present, and the child is referred to the youth offending team. Informal community resolutions are also common for minor matters.
What is the youth court and how is it different?
The youth court is a type of magistrates' court for children aged 10 to 17, with specially trained magistrates or a district judge. It is less formal than adult courts: people use first names, the public cannot attend and the child sits with their parent. It deals with almost all youth cases. The most serious, such as murder or certain grave crimes that could lead to long sentences, go to the Crown Court. A child charged jointly with an adult may also appear in an adult court.
What is a referral order?
A referral order is the most common youth sentence. The court refers the child to a youth offender panel of trained community volunteers and a youth offending team member. The panel agrees a contract with the child lasting between three months and a year, which may include repairing harm to the victim and activities to address their behaviour. It is usually mandatory for a first offence when the child pleads guilty, unless the court decides on a discharge, a hospital order or custody. When successfully completed, the conviction is immediately spent.
What is a youth rehabilitation order?
A youth rehabilitation order (YRO) is the main community sentence for under-18s and can last up to three years. The court chooses from a menu of requirements, such as supervision by the youth offending team, a curfew with an electronic tag, unpaid work for 16 and 17-year-olds, activities, education, drug or mental health treatment, and exclusion zones. For more serious cases it can include intensive supervision and surveillance, or fostering. Breaching a YRO can lead to extra requirements or resentencing.
Can a child be sent to custody?
Yes, but custody is a last resort for children. The main custodial sentence is a detention and training order for 12 to 17-year-olds (for 12 to 14-year-olds, only if they are persistent offenders), lasting between four months and two years. Normally half is served in custody and half under supervision in the community. For grave crimes, the Crown Court can order longer detention, and murder carries detention during His Majesty's pleasure. Children are held in youth custody such as young offender institutions or secure children's homes, not adult prisons.
What is a youth offending team?
A youth offending team (YOT), often now called a youth justice service, is a local council team that includes social workers, police, probation, health, education and substance misuse workers. It works with children in the justice system. It supervises youth cautions and court orders, writes pre-sentence reports for the youth court, supports children in custody and on release, and runs prevention programmes. Its work is overseen nationally by the Youth Justice Board. Parents can contact their local team through the council.
What are parents' responsibilities if their child is in trouble with the law?
If the child is under 16, a parent or guardian must attend youth court hearings unless the court decides that would be unreasonable, and it can require attendance for 16 and 17-year-olds. For under-16s, the court must normally order the parent to pay any fine, costs or compensation. The court can also make a parenting order, requiring parents to attend a parenting programme for up to three months and follow other conditions for up to a year. Breaking a parenting order is a criminal offence.
Can a child who is accused of a crime be named in the media?
In the youth court, reporting restrictions apply automatically under section 49 of the Children and Young Persons Act 1933. Nobody may publish the child's name, address, school or any other detail likely to identify them, including on social media. The court can lift this in limited cases. In adult courts, the judge can make a reporting direction to protect an under-18 defendant, victim or witness. These restrictions generally end at 18, although victims and witnesses may have lifelong protection in some cases.
Will a youth conviction stay on a child's record?
Convictions and cautions are recorded on the Police National Computer, but most become spent sooner for under-18s. A youth caution is spent immediately, and a referral order is spent when it ends. Custodial sentences have rehabilitation periods about half as long as adults'. On standard and enhanced DBS checks, youth cautions are not disclosed automatically, and youth convictions are filtered after five and a half years. Filtering does not apply if the sentence was custodial or the offence is on the DBS specified list.
Official sources
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