Young offenders

Young people aged 17 or under, who have committed an offence, are classified as 'young offenders'. A wide range of sentences are available to the youth justice system for young offenders. Custody, however, is a last resort.

Age of 'criminal responsibility'

Children under the age of 10 are not considered to have reached an age where they can be held responsible for their actions. Because they are under the age of 'criminal responsibility' they can't be charged with any criminal offence.

Children aged 10 or over are considered to be fully responsible for their own actions in the same way an adult is. However, there are some differences in the type of sentences young offenders can receive.

Sentencing young offenders

When young people first get into trouble for committing minor offences, or for anti-social behaviour, they can be dealt with outside the court system. For anti-social behaviour the police and local authority can use voluntary agreements like Acceptable Behaviour Contracts or civil orders, such as Anti-Social Behaviour Orders which are also known as ASBOs.

For first, or second-time, minor offences the Public Prosecution Service (PPS) can recommend what are known as 'Informed Warnings' or 'Restorative Cautions' which are delivered by the police. For repeat, or more serious offenders, the PPS can either send the case to court or, if the child has admitted guilt, they may refer the case to the Youth Justice Agency of Northern Ireland for a pre-court diversionary youth conference.

Youth courts

The Youth Court is a section of the Magistrates' Court and can be located in the same building. The Court deals with almost all cases involving young people under the age of 18.

This section of the Magistrates' Court is made up of a district judge who acts as chairperson, and two lay magistrates. The predominant disposal in the Youth Court is a Youth Conference Order, although there are a range of community sentences available. For very serious cases the Youth Court has the power to give custodial orders, either in the Juvenile Justice Centre or the Young Offenders' Centre.

While Magistrates' Courts are more formal and deal with cases involving people aged over 18, Youth Courts are less formal and are more involved with the young person and their family. They are essentially private places and members of the public cannot attend. The victim (or victims) of the crime, however, can attend the hearing. If they do, they must make a request to the Court in advance of the hearing.

Crown court

In very serious cases a young person charged with an offence will have to appear in a Crown Court, rather than a Youth Court. Cases a Crown Court is likely to deal with include:

those sent to the Crown Court from Youth Courts due to the seriousness of the offence; some offences, which are called 'indictable only', can only be tried in a Crown Court - these offences include murder, rape and robbery
cases where the offence the young person is being tried for could be heard either in a Magistrates' Court or Crown Court if the offender was an adult
cases sent to the Crown Court from Magistrates' Court or Youth Courts for sentencing
appeals against sentences given in Magistrates' Courts or Youth Courts