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Children and young people in the criminal justice system
The age of criminal responsibility in England and Wales is 10. Under-18s have extra safeguards at the police station, including an appropriate adult, and most of their cases are dealt with in the youth court, with sentencing focused on preventing offending and the child's welfare.
Age of criminal responsibility
Children under 10 cannot be convicted of a criminal offence (Children and Young Persons Act 1933 s.50). Young people aged 10 to 17 can be, and there is no longer a presumption that a child aged 10 to 13 does not know right from wrong (Crime and Disorder Act 1998 s.34).
At the police station
Anyone under 18 must have an appropriate adult, usually a parent, guardian or social worker, present for key procedures including interview (PACE Code C). The appropriate adult is not a lawyer: they help the young person understand what is happening and make sure they are treated fairly. Free legal advice from a solicitor is available in addition. Interviews at school should only happen in exceptional circumstances.
Out of court
Many first or minor offences are dealt with without court through community resolutions, youth cautions or youth conditional cautions, often with the youth offending team (youth justice service). A youth caution is an admission of guilt and is kept on police records, so advice before accepting one is important (see When does a conviction become spent?).
The youth court
Most cases involving 10 to 17-year-olds are heard in the youth court, a less formal magistrates' court closed to the public. Reporting restrictions automatically prevent the press identifying the young person (Children and Young Persons Act 1933 s.49). Homicide, and other very serious cases where a long sentence may be needed, are sent to the Crown Court.
Sentencing
The principal aim is to prevent offending, with the welfare of the child taken into account (Crime and Disorder Act 1998 s.37; Children and Young Persons Act 1933 s.44). A referral order is usually compulsory for a first offence admitted by a guilty plea. Other sentences include youth rehabilitation orders and, for the most serious cases, detention and training orders. The Sentencing Council's Sentencing Children and Young People guideline applies.
Exploited children
Children forced or exploited into crime, for example in county lines drug dealing, may have a defence under the Modern Slavery Act 2015 s.45, except for some serious offences. A new offence of child criminal exploitation by adults (Crime and Policing Act 2026 s.48, maximum 10 years) is not yet in force.
Turning 18
If a young person turns 18 before conviction, the adult courts and adult sentencing purposes may apply, but the starting point is generally the sentence likely to have been imposed at the age they were when the offence was committed.
Authorities: Children and Young Persons Act 1933 ss.44, 49, 50; Crime and Disorder Act 1998 ss.34, 37; PACE Code C (appropriate adults; para 11.16 interviews at place of education); Modern Slavery Act 2015 s.45; Crime and Policing Act 2026 s.48 (not yet in force); Sentencing Council, Sentencing Children and Young People definitive guideline (paras 6.1 to 6.3, 6.19)