Criminal Trials and Sentencing

Criminal Trials

The majority of young people are tried in Youth Court. This is a specialist branch of the Magistrate’s Court. Certain serious offences such as murder, manslaughter, rape, arson, aggravated burglary and robbery are heard in the Crown Court. In both courts there is a requirement that the welfare of the child is considered when sentencing but this is a weaker requirement than in the family courts. Following a decision of the ECHR guidance was issued to remind judges of the importance of guaranteeing the fair trial rights of young people in accordance with Article 6. In particular they are required to ensure that children sit with their lawyers and understand the nature of the proceedings and the evidence which is being given against them. In addition judges are required to provide regular breaks and to restrict reporting in the media where appropriate.

Sentencing

Community sentences

In common with adults, young people may be subject to a range of sentences including a fine, attendance order or supervision order. Supervision orders may include a range of conditions such as participation in particular activities, night restrictions or a requirement that the child lives in social services accommodation for up to 6 months. New sentences under the CDA include reparation orders and action plan orders. These are intended to provide young people with the opportunity to avoid custodial sentences and to make amends to victims or to the community.

Referral orders are similar and were introduced by the Criminal Justice and Youth Evidence Act 1999. It is aimed at the first time offender who admits the offence and where the offence would only normally attract a fine. It allows the juvenile to be referred to the Youth Offending team and work is carried out to challenge their behaviour.

These measures were also of concern to the UN Committee because of the lack of clarity around the fair trial rights of young people.