0Young people and the law

  • Young people in custody

    Young people under 18 who are sent to custody are treated very differently from adults - they are sent to a special secure centre for young people, not an adult prison

  • Youth crime prevention programmes

    Youth crime prevention programmes - how young people are put on a programme, what they're like, mentoring and involving parents and families.

  • Youth offending teams

    Youth offending teams work with young people that get into trouble with the law, are arrested, or taken to court, and help them stay away from crime.

  • What is the age of criminal responsibility?

    The age of criminal responsibility in England and Wales is 10 years old. Children are treated differently from adults, are dealt with by youth courts and sent to special secure centres for young people.
 

 

 

 

 

 

 

 

 

 

 

 

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What happens to me if my child gets in trouble with the police

If your child gets in trouble with the police, you can sometimes be held responsible.

You can be held responsible if your child repeatedly gets into trouble or if you don’t take reasonable steps to control their behaviour.

You could be:

  • asked to attend a parenting programme
  • asked to sign a Parenting Contract
  • given a Parenting Order by a court

Each of these support you in stopping your child from getting in trouble again.

Usually, they are voluntary. But sometimes things are made more formal by a court.

Parenting programmes

Parenting programmes are run by the local youth offending team and other youth justice organisations, like charities.

Each programme will be different depending on your circumstances and what’s best for your child.

Parenting Contracts

This is a voluntary agreement signed by you, your child and someone from the local youth offending team.

You all agree to play a part in helping your child stay away from crime.

If you refuse to sign it, you could be given a Parenting Order.

Parenting Orders

These are given out by the court. It sets out things you and your child must or mustn’t do.

They can last for up to 12 months.

Getting a Parenting Order doesn’t mean you get a criminal record, but you can be taken to court if you don’t obey the order.

Anti-social Behaviour Orders (ASBOs)

If your child is given an ASBO, you can sometimes be fined if they break the ASBO’s rules. You and your child should make sure you understand these rules, and what the consequences will be if they are broken.

Last updated: 9 January 2013

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What happens if a child under 10 breaks the law?
 

Children under 10 who break the law are treated differently to adults or youths under 18 who commit a criminal offence.

Children under 10 cannot be charged with committing a criminal offence. However, they can be given a:

  • Local Child Curfew
  • Child Safety Order

Children under 10 who break the law regularly can sometimes be taken into care, or their parents could be held responsible.

Local Child Curfew

The police can ban children from being in a public place between 9pm and 6am, unless accompanied by an adult. This is called a Local Child Curfew and can last for up to 90 days.

If a child breaks their curfew, they can be given a Child Safety Order.

Child Safety Order

If a child has committed an offence or broken a Local Child Curfew, they can be placed under the supervision of a youth offending team. This is called a Child Safety Order.

The order normally lasts for up to 3 months, but in some cases it can last for up to 12 months.

If a child doesn’t stick to the rules of an order, the court can consider if the child should be taken into care.

Last updated: 9 January 2013

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People under 18 who are sentenced to custody aren’t sent to adult prisons, but to secure centres for young people.

Why young people are sent to custody

A court can give a young person a custodial sentence if:

  • the crime is so serious there is no other suitable option
  • the young person has committed crimes before
  • the judge or magistrate thinks the young person is a risk to the public

A young person can also be sent to custody on remand.

The Youth Justice Board decides which secure centre a young person will be sent to.

They will choose somewhere that:

  • can deal with the young person’s needs safely (eg if they have a health problem)
  • is suitable for their age, sex and background
  • is as near to their home as possible

 

 

 

 

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Youth crime prevention programmes

There are various prevention programmes that work to keep young people away from crime. They are run within local communities, and can involve parents and families.

Young people are placed on these programmes if:

  • they have been in trouble with the police
  • they’re ‘at risk’ of committing a crime
  • they’re involved in anti-social behaviour

Attending one of these programmes is voluntary. The young person and their parents or carers have to be happy with everything before it starts.

Many programmes are run by the council’s local youth offending team or by other local organisations like youth charities.

To find out about youth crime prevention programmes in your area, contact your local youth offending team.

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Youth offending teams
Youth offending teams work with young people that get into trouble with the law.

They look into the background of a young person and try to help them stay away from crime.

They also:

  • run local crime prevention programmes
  • help young people at the police station if they’re arrested
  • help young people and their families at court
  • supervise young people serving a community sentence
  • stay in touch with a young person if they’re sentenced to custody

Find your local youth offending team.

When you may come into contact with a youth offending team

The youth offending team gets involved if a young person:

  • gets into trouble with the police or is arrested
  • is charged with a crime and has to go to court
  • is convicted of a crime and given a sentence

Usually, the police are the first people to contact the youth offending team. But family members and friends can also contact them if they’re worried about a young person’s behaviour.

Who youth offending teams are

Youth offending teams are part of your local council and are separate from the police and the courts.

They work with:

  • the police
  • probation officers
  • health, housing and children’s services
  • schools and education authorities
  • charities and the local community

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Alcohol and young people - the law
If you’re under 18 and drinking alcohol in public, you can be stopped, fined or arrested by police.

If you’re under 18, it is against the law:

  • for someone to sell you alcohol
  • to buy or try to buy alcohol
  • for an adult to buy or try to buy alcohol for you
  • to drink alcohol in licensed premises (eg a pub or restaurant)

However if you’re 16 or 17 and accompanied by an adult, you can drink (but not buy) beer, wine or cider with a meal.

If you’re 16 or under, you may be able to go to a pub (or premises primarily used to sell alcohol) if you’re accompanied by an adult. However, this isn’t always the case. It can also depend on:

  • the specific conditions for that premises
  • the licensable activities taking place there

It’s illegal to give alcohol to children under 5.

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What is the age of criminal responsibility?
The age of criminal responsibility in England and Wales is 10 years old.

This means that children under 10 can’t be arrested or charged with a crime. There are other punishments that can be given to children under 10 who break the law.

Children over 10

Children between 10 and 17 can be arrested and taken to court if they commit a crime.

They are treated differently from adults and are:

  • dealt with by youth courts
  • given different sentences
  • sent to special secure centres for young people, not adult prisons

Young people aged 18

Young people aged 18 are treated as an adult by the law.

If they’re sent to prison, they’ll be sent to a place that holds 18 to 25-year-olds, not a full adult prison.

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