Youth Crime

Criminal Lawyers specialising in defending cases involving children and young people 

At Olliers Solicitors we have extensive experience of representing young people who find themselves involved with the Criminal Justice System, particularly for the first time, whether that be during interview at the police station or appearing before the Youth Court.  

It can be extremely daunting for someone has never had any involvement with the police before as well as for their parents who may have had no prior experience of being arrested or appearing in court and may fear the worst.  

When a child is accused of a criminal offence it can be an overwhelming and frightening experience for any parent. At Olliers we understand the deep worry and confusion this situation can bring and we’re here to support you every step of the way. Representing children in the criminal justice system requires not only specialist legal expertise but a compassionate and sensitive approach. We take the time to guide both you and your child through the process with care, patience, and clear communication ensuring your child is treated fairly, their rights are protected at every stage and impact on their future is minimised. 

Can a parent attend a police interview with their child? 

If a young person is being interviewed by the police, then the law states they must have another person present during the interview known as an ‘appropriate adult’. Their role is to facilitate communication and ensure the welfare of the young person being interviewed. 

In practice this is usually a parent or family member although it can sometimes be a volunteer from an appropriate adult scheme. If the suggested appropriate adult is involved with the case as a potential witness or victim, then they should not be present during the interview. 

Should I see a solicitor before my child is interviewed? 

Absolutely. Our specialist youth lawyers can often arrange for a young person to attend a police station on a voluntary basis as opposed to being arrested and interviewed ‘under arrest’. 

As well as advising in relation to the procedure itself we can make contact with the investigating officer prior to the interview and seek to obtain disclosure of the allegation in order we can discuss the same with your child and decide on an effective interview strategy. Effective and thorough preparation is crucial. 

What will happen after a police interview – pre-charge engagement for young people 

After a young person has been interviewed, they may be released on police bail and given a date to come back to the police station or released under investigation whilst the police investigate the matter further.  

This is a crucial time and there are a number of steps that can be undertaken by both client and defence legal team at this stage which will make a significant difference to the ultimate conclusion of the case. If you instruct us to act, we will make immediate contact with the police. 

The notion of pre-charge engagement between investigators and the defence is not new. The pre-charge team at Olliers is known for its proactive approach in criminal investigations. Pre-charge engagement refers to any voluntary engagement between parties to an investigation after the first interview under caution.

We will look at the following: 

• Taking a full and detailed statement from the young person 
• Reviewing digital material a client has access to such as messaging 
• Consideration of social media posts 
• Taking statements from defence witnesses 
• Taking statement from character witnesses 
• Representations to police/CPS 
• Making CCTV enquiries 
• Obtaining medical records 
• Instructing an expert such as a psychiatrist to prepare a report 

There is very limited public funding (legal aid) between the police interview and any final decision as to prosecution and this may often be the time when a large amount of defence work is required such as taking defence witness statements or securing CCTV before it is destroyed. This is an extremely important stage of the process and is a crucial tool in avoiding prosecution for your child. 

Are there alternatives to prosecution for young people? 

Yes, there are many different alternatives to prosecution known as out-of-court disposals for children and young people including: 

• Cautions  – a simple caution is used for less serious offences, where a person admits the offence in full and agrees to accept a caution. It should not be given where the decision maker has considered that it would be in the public interest to prosecute. Accepting a caution can be recorded on the Police National Computer (PNC) and will form part of a person’s criminal record but will not result in a criminal conviction.
• Conditional cautions – a conditional caution will have ‘conditions’ attached to it as requirements. Should a conditional caution be given and the conditions not complied with, then the conditional caution can be withdrawn which could then result in a full prosecution.
• Community resolution  
• Outcome 20 – Further action will be taken by an agency or body other than the police  
• Outcome 21 – An offence has been committed but it is not in the public interest to prosecute – this often applies to youth produced sexual imagery cases where there was no abuse, exploitation, malice or inappropriate sharing.  
• Outcome 22 – Educational or diversionary activity; the police can prosecute if activity is not successfully completed and there is sufficient evidence 
• No further action due to insufficient evidence or not in the public interest to proceed  
• Restorative justice 

Restorative justice is an alternative to prosecution that is particularly suited to young people who have no prior engagement with the criminal justice system. The process is victim led and depends on the wishes of the victim but can often involve a written apology from the young person or compensation for any damage caused. 

Olliers are extremely experienced in identifying cases where alternatives to prosecution are appropriate and suggesting this as an option to investigating officers who may not have considered this course of action.  

Do alternatives to prosecution lead to a ‘criminal record’ or a disclosure being made on a DBS Check? 

It depends on the alternative to prosecution that is ultimately recorded. Some will lead to a criminal record however, many lead to no further action being recorded. 

Deferred Prosecution Schemes 

Deferred Prosecution Schemes are a form of disposal whereby the police have the option to put on hold a prosecution or caution until a diversionary activity is undertaken within a specified period of time. It is available for use with young people but it is a local decision for forces as to whether they offer this disposal. 

There are currently approximately 16 police forces with a Deferred Prosecution Scheme in place. Essentially, the accused agrees to comply with one of more conditions and if successful no further action will be taken against them. Non-compliance with the conditions results in prosecution depending on the deferred scheme. 

What could be the impact of a prosecution on my child’s future? 

A prosecution could have a devastating impact on a young person’s future. A conviction could place your child’s chosen career in jeopardy and could continue to appear on a DBS Check for many years. It could also affect travel abroad including to the US, Canada and Australia. 

Our specialist youth lawyers will always consider not just a sentence or the short-term consequences of a conviction but also the long-term effect of a conviction. 

I’ve never been in trouble with the police myself. How can I help as a parent? What should I do? 

The most important way you can help your child if they have been requested to attend for an interview with the police is to instruct a solicitor on their behalf. We can arrange to see you and your child in advance of any interview and advise you in relation to the process. 

If your child has already been interviewed and has been released on police bail or under investigation then we can be instructed at the pre-charge engagement stage to do all we can to avoid prosecution for your child. 

What is the Youth Court? 

If a young person is charged with an offence, then they will appear at the Youth Court. The Youth Court will generally always deal with matters involving young people until they turn 18 apart from extremely serious matters. We will advise you as to whether your case will remain in the Youth Court. The Youth Court has a range of sentencing options at its disposal including orders from the Youth Offending Team (YOT) and Detention and Training Orders. 

Children and Neurodiversity 

At Olliers we specialise in representing children and young people with autism, ADHD and other neurodivergent individuals. We receive referrals from all over the country to deal with children, young people and adults who are either under investigation by the police or who are already charged with criminal offences.

Contact Olliers Solicitors – specialist Youth Crime Lawyers 

If you need legal representation for your child or loved one, please contact us to discuss how Olliers can advise and represent them. Telephone us on 0161 8341515 (Manchester), 022 3883 6790 (London), email info@olliers.com or complete the form below and we will contact you to discuss how Olliers can proactively represent your child.