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Children & Young People In The Criminal Justice System

Children & Young People In The Criminal Justice System

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 This episode takes a deep dive into the youth justice system - exploring how children and young people are treated differently to adults by the criminal law, and why practitioners often find the youth court one of the most challenging, yet rewarding environments in which to work.Hosts Clive Smith and Colin Beaumont share their experiences from decades of youth court advocacy, highlighting the importance of understanding unique procedures, sentencing principles, and jurisdictional nuances. From trial allocation and the concept of "persistent young offenders”, to the role of parents and guardians in proceedings, this episode covers the full landscape of youth justice in practice.Colin explains why the youth court feels like “an entirely separate carriage” in criminal law — familiar principles applied in unfamiliar ways — while Clive reflects on how the informality of process belies the immense responsibility involved. Together they walk listeners through twelve core discussion points, blending legal updates, practical tips, and courtroom anecdotes that will resonate with both experienced and aspiring practitioners.The conversation begins with jurisdiction, when cases should remain in the youth court and when they must go to the Crown Court, using BH and Norwich Youth Court as a case study and drawing on Judicial College guidance on youth defendants. The pair then move through sentencing powers, then ZA (2023) case on courtroom setup, and the principles from Lang on assessing dangerousness. They unpack persistent young offenders under the Sentencing Council’s guidance, referral orders, and the latest statutory instrument enhancing youth court fees, before tackling more complex issues such as children/youth defendants charged alongside adults, age at first appearance, and remands into custody under LASPO 2012.The episode closes with reflections on training and the Youth Justice Charter, reminding listeners that youth advocacy demands both technical skill and humanity a blend of law, communication, and empathy rarely found elsewhere in practice.For more information or to book a place on a forthcoming course, please visit legal-eagle-training.com.Judicial College - Child Defendants in the Crown Court (Formerly Youth Defendants in the Crown Court) June 2025:https://www.judiciary.uk/wp-content/uploads/2025/06/Child-Defendants-in-the-Crown-Court-June-2025-Final-v2.pdfBH v Norwich Youth Court [2023] EWHC 25 Adminhttps://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2023/25.html&query=(bh)+AND+(norwich)Sentencing Act 2022 - The Sentencing Codehttps://sentencingcouncil.org.uk/resources/sentencing-code/R v ZA [2023] EWCA Crim 596https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2023/596.html&query=(za)B v Leeds Crown Court [2016] EWHC 1230 (Admin)https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2016/1230.html&query=(b)+AND+(leeds)+AND+(crown)+AND+(court) Chapters 00:25 – Introduction and recent early release headlines 03:20 – Why the youth court feels different 05:17 – Where trials should take place: BH and Norwich Youth Court 08:50 – Homicide and driving offences: jurisdictional boundaries 12:20 – The Judicial College’s guidance on youth defendants 13:27 – Where sentencing should take place: ZA (2023) and committals 17:20 – Persistent offenders and detention thresholds 19:55 – Referral orders for first-time and repeat offenders 25:22 – Using the Crown Court Guidance and practice 25:57 – Enhanced youth court fees (SI 2024/1163) 28:31 – Why better advocacy and pay must go hand in hand 35:44 – Age at first appearance and its consequences 41:22 – Jointly charged defendants: severance and fairness 44:34 – Remand powers and LASPO 2012, sections 98–99 47:58 – Orders against parents or guardians 49:25 – The principle from B v Leeds Crown Court 51:12 – The case for youth court training and the Youth Justice Charter 52:24 – Closing reflections on advocacy, empathy, and reform
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