The police will attempt to gather all information about the alleged offence. They will use this to decide how to proceed. They will base their decision on:
For less serious crimes the police might release the young person from custody. They will gather further evidence and make a decision. For more serious crimes they may hold the young person until they take them to court.
The following options are how a child may be dealt with if the Police proceed with action.
For some minor offences the case may not have to go to court. If they admit the offence, the Police may give a first Community Resolution (CR). This means the police will deal with the matter without a formal prosecution. It may involve an apology or compensation if they have damaged something.
If this is not possible the young person’s case will be referred to an Out of Court Resolution Panel. At the Panel there will be:
Before the panel we will meet the young person, their parents or carers. We will gather information from any professionals involved. We will then carry out an assessment of the young person to present to the OoCR Panel. They can then make a decision about how to proceed. The child, parents or carers are not able to attend the panel meeting.
Possible disposal decisions that the OoCR Panel could make:
If your child has to go to court this may be a stressful and difficult time. We are here to support you through the process. We will explain what is likely to happen both before and after you have been in court. If you need any more information, please ask.
If a case is not resolved with by an Out of Court Resolution they may be ‘charged to court’. This means the young person will get a date to appear at court. Youth Court is a specialist court for anyone under 18 years old. They are less formal than adult courts. Young people are called by their first names. The judge or magistrates will speak directly to the young person and may ask questions. Youth Courts make it easier for young people to understand what is happening. Young people feel less intimidated by their surroundings. One District Judge (DJ) or three lay magistrates hear cases.
If your child is under 16 years old, they must attend with a parent or carer. If they are 16 or 17 years old, they may attend with a parent, carer or someone to support them. The parent, carer or supporting adult should sit next to the child. They must remain seated throughout the proceedings.
Most young people will go to the Youth Court. This is unless Police have refused bail and there is no youth court available. In these cases, they will go to the adult magistrates’ court for a decision on bail. They will then go from there (adjourned) to the next Youth Court.
A young person jointly charged with an adult will go to the adult magistrates’ court for their first appearance.
At the first appearance the court will usually ask the young person if they are guilty or not guilty. If the young person is charged with a grave crime the court will decide which court will hear the case. More serious cases may be sent to the Crown Court. The majority of cases will stay in the Youth Court.
This video may help you understand what youth court looks like and what happens there.