The police will attempt to gather all information regarding the alleged offence to make decision on how to proceed. Their decision will be made on the basis of:
For less serious crimes a young person could be released from police custody. Further evidence will be gathered decisions will be made. Sometimes, for more serious crimes they may be held until they can be taken 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 you 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 you saying sorry or paying compensation if you have damaged something.
If this is not possible your case will be referred to an Out of Court Resolution Panel. At the panel there will be representatives from:
Before the panel we will meet with you and your parents or carers. We will gather information from any professionals involved. We will then assess you which we will then present to the OoCR Panel. They can then make a decision about how to proceed. You, your parents or carers are not able to attend the panel meeting.
Possible disposal decisions that the OoCR Panel could make:
If you have to 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 you may be ‘charged to court’. This means the you 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. You are called by your first name. The judge or magistrates will speak directly to the you and may ask questions. Youth Courts make it easier to understand what is happening. You should feel less intimidated by their surroundings. One District Judge (DJ) or three lay magistrates hear cases.
If you are under 16 years old, you must attend with a parent or carer. If you are 16 or 17 years old, you may attend with a parent, carer or someone to support you. The parent, carer or supporting adult should sit next to you. They must remain seated throughout the proceedings.
Most young people go to the Youth Court. This is unless Police have refused bail and there is no youth court available. In these cases, you will go to the adult magistrates’ court for a decision on bail. You 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 you if you are guilty or not guilty. If you are 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.