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In England and Wales, children aged 10 and older can be held criminally responsible. This means that, depending on the nature of the crime that has allegedly been committed, a young person could be subject to criminal investigations and proceedings.
At hpjv, we have a dedicated team of solicitors, in-house Higher Right Advocates, accredited police station representatives and case workers, who can provide carefully tailored support and specialist representation to young persons and their families.
If you, or your child, have been arrested or accused of a crime, it is essential that you understand what steps to take and where to turn for legal support.
Having been established as one of the leading legal practices in Wales in the field of criminal defence, we are well positioned to advise on a wide range of offences. This includes those considered to be minor through to the most serious and complex matters.
We can support you with all aspects of a youth crime investigation, including:
- Police station representation
- Out of court disposals
- Youth Court
Get in touch with our youth crime solicitors in Cardiff, Newport and Chepstow
For a free, no obligation chat with our youth crime solicitors in Cardiff, Newport and Chepstow, please get in touch today by giving us a call or filling in our online enquiry form.
Our expertise in supporting children and young people
Police station representation
If your child is arrested, they will be taken to a police station. At the police station, they are likely to be subject to an interview under caution before the police make a decision as to how they intend to proceed. The police may decide to take no further action, offer an out-of-court disposal, release under investigation for further inquiries, charge and bail or charge and remand in custody.
Having good and effective legal advice and representation from an early stage in the criminal investigation can mean the difference between a positive or negative outcome for a young person.
In some youth criminal investigations, your child may be invited to attend the police station for a voluntary interview. A voluntary interview also entitles the young person to have the same level of legal protection as if they had been arrested.
It is ALWAYS permissible, and strongly advised, to have legal representation at ANY police interview, whether your child has been arrested or invited to attend at the police station for a voluntary interview.
Whether the police interview is following an arrest, or on a voluntary basis, an “appropriate adult” will have to be present if the young person is under the age of 18 years old. That appropriate adult can be a parent, an adult sibling or relative, an adult friend of the family or could be someone from social services or a similar organisation trained to act as appropriate adults. If you are an appropriate adult, your role is to help facilitate communications between the police and the young person and you will also have the right to request that the young person is legally represented by a solicitor of your choosing.
Whatever the circumstances, or the allegations being considered, it is essential that you instruct expert legal representation at this stage. Children and young people have the same rights to legal advice and representation as anyone else. They can also be more vulnerable to police questioning than adults.
While a duty solicitor can be appointed at this stage, they may lack the specific expertise to advise on youth crime matters. When instructed, our solicitors can provide bespoke legal advice and representation. We will make every effort to limit the time spent at the police station and helping to build the strongest possible legal defence from the outset.
Out of court disposals
In certain cases, a young person may be issued with an out of court disposal after being brought in by the police and making an admission of guilt.
Out of court disposals are dealt with outside the court system and will not be considered a criminal conviction. The police have the power to offer out of court punishments based on the circumstances of the young person and the seriousness of the offence. This out of court disposal may well also involve input from the local Youth Offending Team.
A solicitor is best placed to argue that such an out of court disposal is appropriate even when the police may not initially consider such an option.
Typically, out of court disposals include community resolutions, youth cautions (with or without conditions) or a referral to the Youth Offending Service for restoration outside the court arena.
Youth cautions act as formal warnings which are kept on record by the police, while youth conditional cautions include additional conditions which must be complied with by the young person.
Our team can advise you in relation to out of court disposals, including whether making an admission of guilt would be beneficial based on the wider circumstances of the case. However, where the evidence doesn’t support an admission of guilt, then robust representations to the police may result in no further action being taken.
Youth Court
If, following the police station interview stage, the police decide to charge your child, they will either be remanded on bail or remanded in custody, before attending the Youth Court.
The Youth Court has a range of sentencing options at its disposal, which includes discharges, orders supervised by the Youth Offending Service (YOS) and, as a final resort, Detention and Training Orders.
While Youth Courts are less formal than a Magistrates’ Court or Crown Court, they are still criminal courts and bring with them worry and concern for you or your child.
Our team can provide robust representation in relation to Youth Court proceedings, ensuring that your defence is carefully prepared, providing you with the strongest chance of achieving a positive outcome for your child.
Why work with our youth crime solicitors?
When instructed, our criminal defence solicitors can provide a highly specialised service, with clear, straightforward advice that is tailored to the individual circumstances of your case.
As a team, we have been recognised for our dedication to providing the highest quality criminal law advice with the Law Society’s Criminal Litigation Accreditation. Such is the expertise of our team, two of our solicitors in the criminal law team have gone on to become full-time judges.
Where necessary, we also have access to specialist external experts who will be able to offer additional support, such as forensic scientists and computer experts, and can ensure you receive the strongest possible defence.
Our team are readily available to support you, 24 hours a day, 365 days a year.
Youth crime FAQs
What age is a child or young person in the UK?
Children aged between 10 and 17 are classed as young persons in England and Wales. This means that they can be arrested and, if charged, taken to court if they are accused of committing a crime.
Subject to limited circumstances, a child or young person will usually be dealt with by the Youth Court and the range of outcomes available differ from that of an adult. The emphasis in the Youth Court is on rehabilitation of children and young people. However, there will also be an element of punishment to deter future similar offending. If the court imposes the most severe form of punishment, a Detention and Training Order, then the child or young person is sent to special secure centre for punishment and training.
Young people aged 18 are treated as an adult by the law. However, the courts must consider their age at the time of the offence and not necessarily their age at the point of attending court and being convicted of an offence. That said, if they are sentenced to a period of detention, then they will be sent to a Young Offenders Institute that holds 18-21-year-olds.
Can a child or young person get a solicitor?
Yes. If a child or young person is taken to a police station for questioning; is invited for a voluntary interview under caution; or is due to attend a youth court, they or their family can instruct a criminal defence solicitor to represent them during the investigation or court proceedings. Legal aid is completely free for any attendance at the police station. Legal aid will also be widely available for court proceedings.
Can a child or young person be charged with assault in the UK?
Yes, where there is sufficient evidence, a child or young person can be charged with assault in the UK.
What is the youngest age to go to juvenile jail (known as a Detention & Training Order)?
While the age of criminal responsibility is 10 years old in England and Wales, the youngest age for being sent to jail is different and would dependent upon the type of crime that is committed, the age and circumstances of the offender. It is, however, possible for a 10 year old to receive a period of secure detention but only if such a sentence was imposed for a grave crime and imposed by a judge of the Crown Court.
In the Youth Court, it would be rare for a child under the age of 14 years old to receive a Detention and Training Order.
How long can police hold a child or young person?
The period of time the police can hold a young person will depend on the surrounding circumstances.
Generally speaking, the standard time limit the police can hold anyone (including young persons) is 24 hours. After this, they will need to either charge the youth with an offence or release them.
However, the police can apply for an extension in certain circumstances, up to 36 or 96 hours.
Can a child or young person get a criminal record?
Yes, a child or young person can receive a criminal record, even if they only receive a youth caution for an offence.
How long does a youth offender record stay on file in the UK?
Offences committed by a child or young person may be stricken from a criminal record, depending on the type of offence committed and the sentence imposed. This is often referred to a ‘spent convictions’.
Convictions become spent a period of time after the sentence has been served. Depending on the type of sentence imposed, convictions can become spend immediately; on the last day of a particular sentence; after 6 months, 18 months, 24 months or 42 months following the expiration of particular sentences; or, in some cases, never.
A youth caution becomes spent immediately after it is imposed whereas a youth conditional caution become spent after 3 months of its imposition or when the caution ceases to have effect if earlier.
Get in touch with our youth crime solicitors in Cardiff, Newport and Chepstow
For a free, no obligation chat with our youth crime solicitors in Cardiff, Newport and Chepstow, please get in touch today by giving us a call or filling in our online enquiry form.
