Written 30th March 2026 by Martha Odysseos
When a child is arrested or charged with a criminal offence, one of the first questions parents ask is whether they will be treated in the same way as an adult. The short answer is no. In England and Wales, children are sentenced under a separate youth justice system which recognises that young people are still developing and should not be punished in the same way as fullygrown adults.
The sentencing of children is shaped by very different principles. Courts are required to prioritise a child’s welfare, education and longterm prospects, alongside the overarching aim of preventing further offending. While children aged 10 to 17 can be charged with serious offences, including the most serious crimes, the law acknowledges that children often lack maturity, act impulsively and may not fully understand the consequences of their actions.
This article explains how sentencing for children differs from sentencing for adults, what parents can expect from the Youth Court, and the types of sentences that may be imposed. Understanding these differences can help families feel more informed and better prepared at what is often an extremely distressing time.
What Is the Age of Criminal Responsibility in England and Wales?
The age of criminal responsibility in England and Wales is 10 years old. This means that children under 10 cannot be arrested or charged with a crime.
This article is not intended to dive deeper into offences committed by children under 10 years of age as although they cannot be charged with committing a criminal offence, there are other punishments that can be given to them.
Children between 10 and 17 years old can, and do, get charged with criminal offences spanning from minor offences such as shoplifting to the most serious offences such as rape and murder. Despite this, the courts do treat children between 10 and 17 differently from adults.
Children are usually dealt with in the Youth Court, by either a panel of Magistrates with specialist training or a District Judge. For more serious offences, children can also be dealt with in the Crown Court.
No matter which court a child appears at, the sentence they receive will be different to that of an adult.
How Are Children Dealt With by the Courts?
Youth Courts are designated courts for people aged between 10 and 17. If the child or young person is under 16 their parent or guardian must come to court with them. If they are between 16 and 17 then their parents or guardian may need to come with them if they are given a court order.
Youth courts are less formal than adult courts and members of the public are not allowed into the court. Magistrates or the District Judge will call the young person by their first name and the young person may be able to sit with their parents, carers or support workers.
Magistrates who sit in the youth court have specialist training to do so. This includes training on communication with children and the impact of learning and communication difficulties. This is because Magistrates (or the District Judge) will speak directly to young people in the Youth Court, rather than through their lawyer. They will ensure that the child or young person understands everything that is happening.
Most children appearing before the criminal courts will be the subject of reporting restrictions which prevent the publication of their name, or other details that are likely to lead to their identification.
How Does a Child’s Welfare Affect Sentencing Decisions?
The court has a duty to have regard to the welfare of any child before it. The court must also bear in mind the principal aim of the youth justice system, which is to prevent offending by children and young persons.
When sentencing youths, the court will consider that children and young people are not fully developed and they have not attained full maturity. When considering sentence, the court will consider their statutory obligation to secure proper provision for education and training, to remove the child or young person from undesirable surroundings where appropriate and to choose the best option for the child or young person, having taken into account the circumstances of the offence.
Due to this the court should ensure that it is alert to:
- any mental health problems or learning difficulties/disabilities;
- any experiences of brain injury or traumatic life experience (including exposure to drug and alcohol abuse) and the developmental impact this may have had;
- any speech and language difficulties and the effect this may have on the ability of the child or young person (or any accompanying adult) to communicate with the court, to understand the sanction imposed or to fulfil the obligations resulting from that sanction;
- the vulnerability of children and young people to self harm, particularly within a custodial environment; and
- the effect on children and young people of experiences of loss and neglect and/or abuse.
What Is the Purpose of Sentencing Children?
When adults are sentenced, the court must consider the five purposes of sentencing set out in law. These are: punishment, crime reduction, reform and rehabilitation, protection of the public and reparation.
However, when courts sentence children, they must have regard to the principle aim of the youth justice system, which is to prevent offending by children and young people, as well as the welfare of the child or young person. The best interest of the child should always be the primary considering.
When determining sentence, the court will consider the following:
- The age of the offender
- The seriousness of the offence
- The likelihood of further offences being committed; and
- The extent of harm likely to result from those further offences
Do Children Receive Shorter Sentences Than Adults?
Children are likely to receive lower sentences than adults. Courts acknowledge, through the Overarching Principles, that children should be considered less culpable because they act impulsively and lack maturity so they are unlikely to understand the impact of their offending.
What Types of Sentences Can Children Receive?
There are different types of sentences available for youths and adults.
In the table below we explore some of the sentences available:
| Type of Sentence | Effect | Youth vs Adult Sentence |
|---|---|---|
| Absolute Discharge | This is the lowest form of disposal once a case reaches court. No punishment is imposed. | Same for adults and youths |
| Conditional Discharge | Similar to an absolute discharge except with a condition to not commit another crime. If you do commit a further crime then you can be sentenced for the first offence as well as the new one. | Same for adults and youths |
| Fines | A fine should reflect the offence committed and the person’s ability to pay. | Where a child or young person is under 16, the parent or guardian is required to pay the fine and it will be their ability to pay that is considered. If an adult is fined, it will be their ability to pay that is considered. |
| Referral Orders | A referral order requires the child or young person to attend a youth offender panel and agree a contract, containing commitments, which will last between three months and a year. The aim is for the child or young person to make up for the harm they have caused and do something about their offending behaviour. An order must be imposed for a first offence where the child or young person has pleaded guilty (unless the court decides that another sentence is justified) and may be imposed in other circumstances. | Youths only |
| Youth Rehabilitation Orders | A Youth Rehabilitation Order is a community sentence. It can include one or more requirements that the offender must comply with and can last for up to three years. Some examples of the requirements that can be imposed are a curfew, supervision, unpaid work, electronic monitoring, drug treatment, mental health treatment and education requirements. | Youths only |
Can Children Be Sent to Custody?
Children and young people can receive custodial sentences, but they will be imposed only in the most serious cases. When they are given, they aim to provide training and education as well as rehabilitate the offender so they do not reoffend.
Sentences can be spent in secure children’s homes, secure training centres and young offender institutions unlike Adult offenders who spend custodial sentence in prison.
Types of Custodial Sentences for Children and Young People
Different types of custodial sentences are available for youths as follows:
| Custodial Sentences | Effect | Age |
|---|---|---|
| Detention and Training Order (DTO) | This can last between four months and two years. | If a child or young person between 12 and 17 years old is sentenced in the youth court, they could be given a DTO. However, only those who are ‘persistent offenders’ between the age of 12–14 should be given a DTO. |
| Longer Term Detention | For more serious cases, longer-term detention can be imposed where the offence committed carries a maximum sentence of at least 14 years’ imprisonment or is one of the offences listed in section 250 of the Sentencing Code. | All those under 18 can be given a Longer Term Detention. |
| Detention for Life or Extended Sentence of Detention | A sentence of detention for life or an extended sentence of detention may be imposed if a child or young person is convicted of a specified offence and the Crown Court considers that there is a significant risk of serious harm to members of the public from them committing further specified offences. | All those under 18 can be given a Detention for Life or Extended Sentence of Detention. |
| Detention during His Majesty’s Pleasure | Detention during His Majesty’s Pleasure is a mandatory life sentence and will be imposed when a child or young person is convicted or pleads guilty to murder. | The starting point for determining the minimum sentence where the offender is under 18 years of age is 12 years, as opposed to 15 years for those over the age of 18. |
What to Do Right Now If Your Child Is Facing Sentencing
If your child has been arrested, charged, or is due to be sentenced, it is completely normal to feel frightened and overwhelmed. The most important thing is to act early and calmly.
Here are the immediate steps parents should take:
Get specialist legal advice straight away
Youth sentencing is very different from adult sentencing. A solicitor who regularly represents children can ensure the court understands your child’s age, maturity, vulnerabilities and personal circumstances.
Make sure the court knows about any vulnerabilities
If your child has mental health difficulties, learning disabilities, neurodivergence, trauma, speech or communication needs, this must be raised. These factors can significantly affect sentencing decisions.
Attend court and support your child
For most children, a parent or guardian must attend court with them. Your presence can help your child feel supported and ensure their welfare needs are addressed.
Do not assume custody is inevitable
Even for serious offences, custody is a last resort for children. Courts are required to prioritise welfare, education and preventing further offending.
Focus on the longterm impact, not just the immediate outcome
A youth sentence can affect education, employment and future opportunities. Early legal advice can help minimise longterm consequences wherever possible.
If your child is facing sentencing, early specialist advice can make a real difference.
Speaking to a youth defence solicitor as soon as possible gives your child the best chance of a fair and proportionate outcome.
A: Children are sentenced under a separate youth justice system which places far greater emphasis on welfare, education and preventing further offending. Courts recognise that children are still developing, may act impulsively and often lack full understanding of the consequences of their actions. As a result, sentences for children are usually more rehabilitative and less punitive than those imposed on adults.
A: The age of criminal responsibility is 10 years old. Children under the age of 10 cannot be arrested or charged with a criminal offence. Different welfare‑based interventions may apply instead, depending on the circumstances.
A: Yes. Children aged 10 to 17 can be charged with offences ranging from minor matters such as shoplifting to the most serious offences, including rape and murder. However, even in serious cases, children are treated differently from adults at every stage of the sentencing process.
A: Most children will appear in the Youth Court, which deals specifically with young people aged 10 to 17. In very serious cases, such as those involving grave offences, a child may be sent to the Crown Court for trial or sentencing.
A: The Youth Court is a specialist court designed for children and young people. It is less formal than adult courts, closed to the public, and focuses on communication and understanding. Magistrates or judges speak directly to the child to ensure they understand the process and what is being said.
A: Yes. If a child is under 16, a parent or guardian must attend court with them. For 16 and 17 year olds, parents or guardians may still be required to attend, particularly where the court believes their involvement is necessary to support the child.
A: In most cases, children are protected by reporting restrictions. This means their name and any identifying details cannot be published in the media, helping to protect their privacy and future.
A: Yes. The court has a legal duty to consider the welfare of the child. It must also have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people.
A: Early specialist legal advice is crucial. A solicitor experienced in youth cases can ensure your child’s welfare, vulnerabilities and personal circumstances are properly presented to the court, which can significantly affect the sentence imposed.
A: The court will consider a wide range of factors, including the child’s age, level of maturity, mental health, learning difficulties or disabilities, neurodiversity, past trauma, speech and language needs, and overall vulnerability, particularly if custody is being considered.
A: Courts recognise that children are generally less culpable than adults. Children are still developing emotionally and psychologically, may act impulsively, and may not fully appreciate the impact of their actions. These factors are reflected in sentencing decisions.
Worried About Your Child’s Sentence? Speak to a Specialist Youth Defence Solicitor
If your child is facing sentencing, you do not have to navigate this alone. The youth justice system is complex, and the outcome can have longlasting consequences for your child’s education, wellbeing and future.
At Olliers, we regularly represent children and young people in the Youth Court and Crown Court. We understand how frightening this process is for families, and we take the time to ensure the court fully understands your child as a person, not just the offence.
Early specialist advice can make a real difference to the sentence your child receives and the longterm impact on their life.
If your child has been charged or is awaiting sentencing, contact Olliers today for clear, compassionate advice. Call 0161 834 1515, email info@olliers.com, or complete the enquiry form below to speak to our specialist youth defence team.
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Martha joined the firm in April 2021 after completing an internship at Olliers in the summer of 2020. She was initially a part of the Litigation Support team before starting her training contract in September 2021. Martha qualified as a solicitor in February 2024.