When a child who is jointly charged with an adult the first hearing will take place at the Magistrates court and not in the youth court. However, generally, childrens’ cases should be dealt with in the Youth court so in some circumstances the child’s case can be separated from the adult’s.
Johnson Astills have experience of dealing with cases involving a young person being charged with an adult.
What is the difference between the Youth court and Magistrate’s court?
- The Youth court is a special court designed to deal with case involving young people aged 10 – 17 years.
- The Youth court handle criminal matters without a jury.
- The Youth court is a less formal setting and is designed to support participation by children charged with criminal offences.
- The Youth court focuses on children and young peoples’ welfare and rehabilitation.
- The Youth court is closed to the public to protect the child’s identity. Whereas the Magistrates court is open to the public and press.
When might the court send a case involving a child charged with an adult to the Youth court?
- There is a presumption that if there is to be a trial, the child will stand trial alongside the adult so the witnesses don’t have to give evidence at two separate trials
- If the child enters or indicates a guilty plea then the presumption is that the case will be remitted to the Youth court
- The greater the age gap with their co-defendant then the more likely the court may consider it necessary for the child’s matter to be heard at the youth court.
- If the child’s role was more minor than the adults and if the child was being influenced by the adult the court may decide it would be unfair for them to stand trial together.
How will my child participate in a trial if it’s in the adult court?
The court can implement a raft of measures to ensure that a young person can effectively participate at trial, for example, sitting in the well of the court, breaks, only permitting the advocates to ask simple non-leading questions.
Johnson Astills have significant experience of making applications to the court to ensure the court adapts its usual practice to ensure a young defendant can take part in the trial.
How can we help?
If your child is being investigated or has been charged with an offence then it is vital you contact a solicitor as soon as possible to obtain expert legal advice.
Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with offences at the Youth, Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.
To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.
