Minors standing trial
A child is not considered legally liable for their actions until they reach the age of 10. Anyone younger than this is deemed unable to decide whether an act is right or wrong before carrying it out. This means they cannot be charged with a criminal offence or taken to court to face trial.
Between the ages of 10 and 14, children are considered capable of taking responsibility for their actions. As a result, they may be charged with criminal offences and stand trial. However, these cases take place in a youth court, which is less formal than an adult court and is presided over by either three magistrates or a district judge.
A youth court does not involve a jury and is not open to the public. Because of the age of those attending youth courts, parents may also be ordered to accompany their children.
Civil cases involving children
Away from the criminal courts, it is also possible for someone to bring a civil case involving a young person. In some situations, the claimant may take legal action against the parent of the defendant. Parents are expected to take reasonable steps to ensure that children in their care do not cause damage or harm. Failure to do so may result in them having to pay compensation.
If a young person is considered old enough to take responsibility for their own negligence, they may be named as the defendant. However, their age will still be taken into account during the case and when any decision or sentence is made.
Punishments for children and young people
Punishments for crimes committed by children often differ from those given to adults. For example, in England and Wales, anti-social behaviour such as graffiti, vandalism, or causing a nuisance may lead to parents entering into a contract in which they commit to improving their child’s behaviour. This may also include attending guidance or counselling sessions.
On-the-spot fines, known as penalty notices, may be issued by police or community support officers to young people aged 16 or over. In some parts of the UK, fines may be given to children as young as 10. Because most young people do not earn a substantial income, enforcement of a judgment may sometimes be postponed until they are older and able to repay the debt through employment. However, all judgments must be enforced within a maximum of six years.
Compensation claims for children
A young person may also be a claimant in a legal case. For example, claims for medical negligence may be brought where a child has suffered because of a dosage error, misdiagnosis, or another act of negligence. In adult cases, a claim must usually be made within three years of the event, or within three years of becoming aware that medical negligence caused the problem.
For children, this three-year time limit does not begin until they reach the age of 18. This means someone could claim compensation for misdiagnosis or mistreatment that happened when they were eight years old at any point up to the age of 21.
How does the court system differ between adults and children?
In the UK, the court system differs when dealing with adults and children to reflect different levels of maturity, understanding, and responsibility.
- Court structure: Adults are tried in either Magistrates’ Courts or Crown Courts, depending on how serious the offence is. Children under 18 are usually dealt with in Youth Courts, which are specialist Magistrates’ Courts. The most serious cases involving children, such as murder, may still be heard in a Crown Court.
- Legal representation and support: Both adults and children have the right to legal representation. For children, there is a greater emphasis on the involvement of parents or guardians throughout the legal process. Youth Offending Teams also work closely with young offenders to provide support and guidance.
- Sentencing guidelines: Sentencing for children is generally more lenient and focuses more on rehabilitation than punishment. The welfare of the child is a primary consideration. Sentences may include community orders, youth rehabilitation orders, or referral orders, often alongside interventions aimed at preventing reoffending.
- Court proceedings and atmosphere: Youth Courts are less formal than adult courts. Judges and lawyers do not wear wigs or gowns, and proceedings are conducted in a way that is more suitable for young people. The public is usually not allowed in Youth Courts to help protect the privacy of the child.
- Criminal records: Convictions for children are treated differently from those of adults. While adults’ convictions form part of their permanent criminal record, children’s convictions may not have the same long-term impact, especially for less serious offences. This approach is designed to prevent a young person’s future from being disproportionately affected by mistakes made in childhood.
- Reporting restrictions: There are strict restrictions on media reporting in cases involving children to protect their identity and privacy. This is different from adult cases, where reporting is generally more open unless specific legal restrictions apply.
- Age of criminal responsibility: In England, Wales, and Northern Ireland, the age of criminal responsibility is 10, meaning children under this age cannot be charged with a crime. In Scotland, it is 12. For adults, there is no lower age limit in the same sense because they are fully criminally responsible.
These differences show the UK’s commitment to treating children in a way that reflects their age and development, while still holding them accountable within a legal framework designed to support rehabilitation and reintegration into society.
Find legal support for child-related issues
If you need advice or guidance on a legal issue relating to a child, or anyone under 18, you can find and compare legal service providers now with The Law Superstore.