The Youth Court Bench Book provides essential guidance for magistrates sitting in the youth court. The latest edition was published in September 2025, following the previous update in January 2024. The key updates include the uniform adoption of the term “child” for defendants under 18 and the addition of guidance on when adjournments may be granted. Access our article on the 2024 updates here.
Details
The new Youth Court Bench Book has been updated and revised to include:
- All defendants under 18 are now referred to as “child” or “children”, replacing previous references to “child or young person”. This change aligns with the Crown Court Compendium and the guidance in Child Defendants in the Crown Court, reinforcing the distinct approach required for children in the criminal justice system.
- New guidance on granting adjournments to consider out-of-court disposals for a child who now indicates admissions in a case (not previously having done so), provided such an option would have been available had the admission been made earlier (see paragraph 5, page 11)
Commentary
The new guidance on granting adjournments to allow for proper consideration of an out of Court disposal serves as an important reminder that the CPS have a duty to review all charging decisions. The CPS guidance Children as Suspects and Defendants also states that prosecutors may need to request adjournments in this context. Importantly, whilst the Bench Book states that adjournments should be “for the shortest possible period to allow for progress”, there is no stated time limit. Therefore, practitioners should be prepared to request a realistic period of adjournment in order that a full multi-agency Out of Court Disposal panel can be convened and the proper decision making process can take place. This will avoid multiple adjournments and ensure that proper procedure is still followed. Additionally, although the bench book references the situation in which a child has indicated a willingness to make an admission, it is important that practitioners are mindful of the fact that not all Out of Court Disposals require a full admission of guilt (see YJLC’s legal guide on Out of Court Disposals and the Child Gravity Matrix for further detail). Therefore, guilty instructions on the full facts of the prosecution case are not a pre-requisite for an adjournment.
Overall, the 2025 updates, while discrete, are significant in terms of reinforcing the child-centred approach, clarifying expectations around case management and ensuring alignment with the latest procedural rules and judicial guidance. These changes reinforce the Child First principle in youth justice, treating defendants as children rather than “mini adults”.
The Youth Court Bench Book remains an invaluable resource for magistrates, legal advisers and practitioners representing children in the youth court.