Youth court – A guide for young people in court

Youth court proceedings in England and Wales operate under a specialised framework designed to address the unique needs of young defendants aged 10 to 17, balancing the principles of justice with the welfare and rehabilitation of children. The youth court system recognises that young people are not simply “little adults” and requires different approaches to ensure effective participation, fair treatment, and positive outcomes for all involved. Professional Criminal Law Solicitors with youth court expertise provide essential representation that protects young people’s rights while navigating the complex legal and procedural requirements that govern these specialised courts.

The Crime and Disorder Act 1998 established the fundamental principle that the youth justice system should prevent offending by children and young persons, whilst ensuring regard for their welfare throughout proceedings. This dual focus creates a distinctive legal environment where solicitors must understand both criminal law principles and child development considerations to provide effective representation in youth court cases.

Structure and jurisdiction of youth court

Youth court operates as a specialised magistrates’ court with exclusive jurisdiction over criminal proceedings involving defendants aged 10 to 17 years old. The court is presided over by either three specially trained magistrates or a single district judge who has completed additional youth court certification, ensuring that all judicial officers understand the unique requirements for dealing with young defendants.

The youth court hears a wide range of criminal offences including theft, burglary, assault, drug offences, and anti-social behaviour matters that would typically be dealt with in adult magistrates’ courts. More serious offences such as grave crimes under Section 91 of the Powers of Criminal Courts Act 2000, or cases where young defendants are jointly charged with adults, may be transferred to Crown Court for trial.

Youth court sessions are conducted in private with restricted access limited to parties directly involved in proceedings, parents or guardians, legal representatives and court officials only. This privacy protection ensures that young defendants are not subjected to public scrutiny during what may be their first encounter with the criminal justice system.

Key differences from adult court proceedings

Youth court proceedings adopt a less formal approach compared to adult criminal courts, with modifications designed to reduce intimidation and promote understanding among young defendants.

Young defendants are addressed by their first names rather than formal titles, and solicitors and other court personnel maintain direct communication with the young person throughout proceedings. Parents or guardians are required to attend court with defendants aged 17 or under.

Magistrates and district judges in youth court engage directly with young defendants after legal representations are made, asking about their interests, circumstances, and understanding of proceedings. This direct engagement aims to ensure effective participation and help young people learn from their experiences within the justice system rather than simply receiving punishment.

Legal representation and advocacy requirements

Effective legal representation in youth court requires solicitors to possess specialist knowledge of youth justice procedures, child development principles, and the unique sentencing options available for young defendants. The Solicitors Regulation Authority emphasises the importance of understanding how to communicate effectively with young clients and ensuring their meaningful participation in proceedings.

Solicitors representing young defendants must conduct thorough background investigations covering family circumstances, educational needs, medical conditions including mental health issues, any special educational requirements, and social care involvement. This comprehensive approach enables effective advocacy that addresses the underlying factors contributing to offending behaviour whilst protecting the young person’s legal interests.

Pre-court preparation becomes particularly important in youth court cases, with solicitors required to explain court procedures, introduce young defendants to the courtroom environment where possible, and ensure they understand what will happen during their hearing. The Youth Justice Board’s Standards for Children provide detailed guidance on ensuring effective participation throughout the process.

Sentencing principles and available disposals

Youth court sentencing follows the overarching principle established in Section 37 of the Crime and Disorder Act 1998 that preventing further offending by young people represents the primary aim of the youth justice system. Courts must also have regard to the welfare of young defendants when making sentencing decisions, creating a framework that balances accountability with rehabilitation and support.

Available sentences in youth court include referral orders for first-time offenders pleading guilty, youth rehabilitation orders with various requirements such as supervision, unpaid work, curfew, or educational programmes, fines adjusted for the young person’s means, and compensation orders where victims have suffered loss or damage.

Custodial sentences remain available as a last resort for serious offences or persistent young offenders aged 12- 17 years old, with detention and training orders ranging from 4 months to 24 months. Up to half of this sentence is served in custody and the remainder in the community under supervision of the Youth Justice Service. Courts must be satisfied that custody is necessary due to offence seriousness or risk of further offending before imposing detention on young defendants.

Pre-sentence reports and assessment procedures

The Youth Justice Service plays a crucial role in youth court proceedings by preparing pre-sentence reports that assess young defendants’ circumstances, risk factors, and suitability for different sentencing options. These reports provide courts with essential information about family background, educational needs, mental health considerations, and previous interventions attempted with the young person.

Solicitors must engage actively with the Youth Justice Service during the pre-sentence report process to ensure that all relevant mitigation and positive factors are properly presented to the court. This collaboration between legal representatives and youth justice professionals enhances the quality of information available to courts when making crucial sentencing decisions.

Reporting restrictions and privacy protections

Strict reporting restrictions apply to all youth court proceedings under Section 49 of the Children and Young Persons Act 1933, prohibiting the publication of any details that could identify young defendants including names, addresses, schools, photographs, or other identifying particulars. These restrictions continue throughout proceedings and beyond, unless specifically lifted by court order.

Breach of reporting restrictions constitutes a criminal offence punishable by fine, emphasising the importance placed on protecting young people’s privacy during their involvement with the criminal justice system. These protections help prevent stigmatisation and support successful reintegration into education, employment, and community life after court proceedings conclude.

Court procedure guide for young defendants

Youth court proceedings typically follow this structured approach:

1. Case management hearing to address administrative matters and plea indications.
2. Allocation and case progression decisions for contested matters.
3. Trial or sentencing hearing with full legal representation and parental attendance.
4. Pre-sentence report preparation by Youth Justice Service where required.
5. Sentencing hearing with consideration of welfare and prevention principles.
6. Post-sentence support and monitoring through Youth Justice Service supervision where applicable.
7. Review hearings for ongoing orders to monitor compliance and progress.

Case study

Fosters Solicitors’ Crime & Business Defence team represented a 14-year-old defendant appearing in the youth court charged with arson resulting in £100,000 worth of damage. We conducted thorough background investigation to aid in effective mitigation. During the hearing, the young person pleaded guilty and expressed genuine remorse. The court imposed a 12-month referral order enabling the young person to make amends whilst accessing support through the Youth Justice Service, thus demonstrating the youth court’s rehabilitative approach.

Expert insights

Effective youth court representation requires specialised approaches:

• Build rapport with young clients through age-appropriate communication and respect for their perspectives.
• Conduct comprehensive background investigation covering education, health, family, and social circumstances.
• Collaborate effectively with Youth Justice Service to present holistic sentencing proposals.
• Prepare young defendants thoroughly for court attendance including courtroom familiarisation.
• Advocate for sentences that address underlying causes of offending whilst promoting positive development.

Our nationally-recognised Crime & Defence team are here to support you with their full defence service 24 hours a day, seven days a week. Ranked as a Top Tier firm by The Legal 500 UK, our experts are regularly involved in major criminal cases both locally and nationally – and are vastly experienced in supporting those facing charges in the youth court.

Contact us for more information.

Benefits and challenges

Specialist youth court representation provides significant advantages:

• Protection of young people’s rights within a complex legal system.
• Access to rehabilitative sentencing options focused on preventing further offending.
• Privacy protections that prevent long-term stigmatisation from criminal proceedings.
• Holistic approach addressing underlying factors contributing to offending behaviour.

However, challenges exist within the youth justice system:

• Complexity of balancing accountability with welfare considerations in sentencing decisions.
• Resource constraints affecting availability of specialist programmes and interventions.
• Coordinating multiple agencies including social services, education, and health providers.
• Managing cases where young defendants have complex needs requiring long-term support.

Frequently asked questions

What is youth court?

Youth court is a specialised magistrates’ court that deals exclusively with criminal proceedings involving defendants aged 10 to 17 years old. It operates under different procedures from adult courts, with specially trained magistrates or district judges, privacy protections, less formal proceedings, and sentencing options focused on rehabilitation and preventing further offending.

What types of cases are heard in youth court?

Youth court hears most criminal offences committed by young people including theft, burglary, assault, drug offences, anti-social behaviour, and criminal damage. More serious offences such as grave crimes or cases involving joint charges with adults may be transferred to Crown Court for trial while maintaining special protections for young defendants.

How is youth court different from adult court?

Youth court operates with less formal procedures, private hearings with restricted access, direct engagement between magistrates and young defendants, parental attendance requirements, modified courtroom layouts and sentencing options focused on rehabilitation rather than purely punishment. Strict reporting restrictions protect young people’s identities throughout proceedings.

What legal representation do young people need in youth court?

Young defendants have the right to legal representation by solicitors. Legal representatives must understand child development, youth justice procedures, and available sentencing options. They conduct comprehensive background investigations, ensure effective participation, and advocate for rehabilitative outcomes that address underlying causes of offending behaviour.

What are the main steps in youth court proceedings?

1. Initial appearance and case management to address administrative matters.
2. Plea indication and allocation decisions for trial venue.
3. Trial hearing or guilty plea with full legal representation.
4. Pre-sentence report preparation by Youth Justice Service.
5. Sentencing hearing considering welfare and prevention principles.
6. Post-sentence supervision and support through Youth Justice Service where applicable.
7. Review hearings to monitor compliance and progress.

What sentences can youth court impose?

Youth court can impose referral orders for first-time offenders, youth rehabilitation orders with various requirements including supervision and education programmes, fines adjusted for young people’s means, compensation orders, and as a last resort, detention and training orders ranging from 4 to 24 months. All sentences must consider the young person’s welfare and aim to prevent further offending.

This article was produced on the 9th October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.