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Age of 'criminal responsibility'

As far as the law is concerned, ten years old is the legal age of 'criminal responsibility',

Children under the age of ten are not considered to have reached an age where they can be held responsible for their crimes, so they cannot be charged with any criminal offence.

Children over ten can be convicted for breaking the law. However, children and young people in the criminal justice system are not dealt with in the same way as adults.

Dealing with young offenders out of court

If the young person you know has got into trouble for committing minor offences, such as anti-social behaviour, they may be dealt with outside the court system.

Police and local authorities can use legal orders, such as anti-social behaviour orders (ASBOs) or child safety orders to punish them and control their behaviour.

These restrict how children and their parents must behave.

If it is the child’s first or second minor offence, as long as they admit that they committed the crime, the police can give them reprimands or warnings.

Youth Court

If the crime committed by a child is serious, they may have to go to court.

Youth Court is the section of the Magistrates' Court specialising in cases involving young people under the age of 18. It is led by magistrates and district judges specifically trained in dealing with cases involving children.

They have the power to give those who are found guilty punishments including detention for up to 24 months, as well as community sentences.

Youth Courts are essentially private places, and members of the public are not allowed in. The victim of the crime, however, can attend the hearings of the court, but they must request permission from the court.

The press can observe court hearings, and report on the facts of cases. They cannot publish anything that would identify the person involved, unless the court specifically chooses to allow that.

Young people in Crown Court

Children charged with very serious crimes may have their cases heard in Crown Court, rather than Youth Court.

The kinds of cases Crown Court is likely to deal with include:

• those sent from Youth Courts due to the seriousness of the crime (some offences, which are called 'indictable only', can only be tried in a Crown Court; these offences include murder, rape and robbery)
• cases sent to the Crown Court from Magistrates' Courts or Youth Courts for sentencing
• appeals against sentences given in Magistrates' Courts or Youth Courts

More useful links

• The Children's Legal Centre Opens new window

• If your child is arrested and charged

• Support for parents of children involved in crime

• Community sentencing