Age assessment is a process to decide someone’s age. This happens when the authorities (the police or social services or the court) dispute the age a child says they are.
A person’s age may be questioned, for example, because a child does not have a birth certificate or passport. This can happen when children arrive in the UK without parents or carers (unaccompanied minors).
If a person says they are under 18, they should be treated as child until their age can be verified.
If a person’s age is disputed, the court has the power to determine the person’s age.
The fairness of an age assessment is closely linked to its compliance with the “Merton principles”.
Adult who is actually a child
If an adult court discovers the defendant is aged under 18, any order or judgment of the court will remain valid
Child is actually an adult
If a youth court later finds out the defendant is aged over 18, the youth court can continue to hear the case.
Weight of an age assessment in a criminal court
Where an age assessment has been appropriately carried out, age assessments are considered to have some weight by the courts. A criminal court is not bound by a Merton-compliant age assessment, but it should consider them carefully.