The Youth Court is a special type of Magistrates Court for people aged between 10 and 17 who have been charged with a criminal offence.

Will a child or youth who is charged with a criminal offence always be tried in the Youth Court?

In some circumstances it may not be possible for a case to proceed to trial and sentencing at the Youth Court. 

Examples of such a case include:

  • A child or youth charged with murder, attempted murder or manslaughter
  • A 16 or 17 year old charged with a firearm offence that carries a minimum mandatory sentence of three years
  • A child or youth charged with any serious crime for which a sentence substantially longer than the two-year maximum detention and training order is a realistic possibility
  • A child or youth who could receive an extended sentence

What happens when a child or youth is a co-defendant alongside an adult?

When a child or youth is charged alongside an adult, their case can sometimes remain in the Youth Court and be tried separately.  The cases will be tried jointly in the Crown Court if it is decided that to do so is in the interest of justice for the co-defendants.

What steps are taken to support defendants in the Youth Court and help them understand what is going on?

The approach taken differs from an adult court in several ways.

Sometimes a visit to the court is arranged prior to the case being heard, to familiarise the child or youth with the layout and conduct of the court.

Measures taken during a trial include:

  • Court officials and lawyers not wearing formal attire such as wigs and gowns
  • Referring to the defendant by their first name
  • The defendant not being required to sit in the dock
  • An appropriate adult sitting next to the defendant for support
  • The defendant being permitted to sit close to their lawyer
  • Regular breaks being taken
  • Taking time to explain the court process
  • Using simple questions and avoiding complicated language

The press and public may be required to leave, creating a ‘closed court’ environment that is less intimidating for the defendant.

What are the sentencing options for children and youths?

These include:

  • Referral Order

A referral order is usually for a first-time offender who enters a Guilty plea. The child is required to enter a contract and agree to undertake sessions to address behaviour, education etc. The referral order can be imposed for a period of 3-12 months. The Youth Justice Service can provide support, education and supervision with the aim of improving their welfare and preventing re-offending. If the child engages and completes the referral order there is no further punishment. If they fail to adhere to the referral order they are sent back to court for breach.

  • Youth Rehabilitation Order (YRO)


    This is a more intense order to address the offending that has occurred. It is used for children and youths who have previously offended. This order can run for up to three years and will include various requirements that need to be met.  Requirements can include a curfew, supervision, appointments and treatment programmes. Custody is avoided if the terms of the YRO are adhered to. Breaching a YRO would result in the child returning to court for the sentence to be reconsidered, unless the court is persuaded to mark the breach of the order by way of a fine or by changing the requirements of the YRO. 
  • Detention Training Order (DTO)

    This is the last and final resort, the equivalent of a prison sentence. It results in the child being sent to a Secure Training Centre or Young Offenders Institution. The order will be for a period between 4 and 24 months.

If someone in your family under the age of 18 is facing criminal proceedings, please contact Gepp Solicitors to speak with one of our specialist youth Solicitors.