Someone’s age can make a difference in how they are treated by the police and in the criminal courts.
Age of criminal responsibility
The age of criminal responsibility in England and Wales is 10 years old.
Age at the police station
Children (anyone under the age of 18) at the police station should be treated differently from adults and given special protections, such as an appropriate adult, a parent or guardian contacted on arrest, transferred to local authority accommodation overnight, kept away from adults in cells. Children who admit less serious offences can be offered out of court resolutions, such as Triage or a youth caution.
Age at court
Most children charged with a criminal offence will go to the youth court. More serious cases might go to the Crown Court (see Which Court?). Where a child is accused of a crime with an adult these cases can be heard in a magistrates court or a Crown Court (see child jointly charged with an adult).
Turning 12, 15 or 18
If a child reaches their 12th, 15th or 18th birthday during criminal proceedings it can affect how they are treated (see Turning 15 and Turning 18). This is because there are different remand and sentencing powers for people aged ten to 11, 12-14 and 15-17.
Going to custody
A child’s age may affect where they go to custody (prison). A child can go to prison if the court refuses bail (and doesn’t remand a child to local authority accommodation). A child goes to Youth Detention Accommodation (YDA) if the court imposes a custodial (prison) sentence. There are four types of custodial placement for children: secure children’s homes (SCHs), secure training centres (STCs), secure schools (Oasis secure school), and young offender institutions (YOIs). The Youth Custody Service decides where a child is sent:
- Girls and boys aged 10 and 11 will be sent to local authority accommodation. Remand to youth detention accommodation (YDA) is only permitted if the child has reached the age of 12.
- For a child (aged 12 or above) to be remanded to YDA various procedural conditions relating to the nature of the offence, the necessity of the remand, and the child’s legal representation must be met.
- SCH and STC placements are considered more suitable by the YCS for younger children, children with lower levels of maturity, children with lower abilities to function in large groups, or children requiring high levels of support. YOI placements are considered more suitable for children with previous custodial experience, children who are assessed as emotionally mature and resilient, or for sentences which will require transition to adult custody.
- Boys aged 15-17 can be considered for a placement in a Young Offender Institution (YOI). Boys aged 18 – 20 may be sent to a YOI (or an adult prison).
- Girls who are pregnant or mothers will be considered on a case-by-case basis.
Chronological, emotional, psychological or developmental age
A court will take into consideration a child’s emotional and developmental age and maturity as much as the chronological age (see Sentencing Children and Young People Guideline, para 1.5 and throughout). The age and maturity of a child will be important in sentencing decisions as well as determining whether a child can effectively participate in the court process.