Establish age and procedural status

Begin with a dated age record, not the label “juvenile”. A person under 10 at the time of the alleged conduct cannot be guilty of an offence. Between 10 and 17, the ordinary youth framework applies, but not every power uses age at the same date. The Children and Young Persons Act 1933 (CYPA 1933), section 50, fixes the responsibility threshold; section 99 requires the court to inquire into age where necessary. The court should examine available evidence rather than decide a genuinely disputed age from appearance alone. Sources: Judicial College — Child Defendants in the Crown Court, June 2025

Record the date of birth, alleged offence date, first appearance, finding of guilt and sentencing date. Age at the offence controls criminal responsibility and some offence-specific minimum-sentence provisions. Age at first appearance is important to the starting forum and continuation powers. Age at conviction, meaning the finding of guilt, controls the ordinary availability of several youth disposals. Age at sentence can affect remittal and other powers. Funding and reporting restrictions have their own age triggers; a birthday does not answer all these questions together. Sources: Judicial College — Child Defendants in the Crown Court, June 2025, Sentencing Council — Sentencing Children and Young People, Sentencing Act 2020 (Sentencing Code) — base provisions with amendments separately identified, Criminal Legal Aid (Financial Resources) Regulations 2013, SI 2013/471, Legal Aid Agency — Criminal legal aid: means testing

Already 18 at the first appearance. Proceedings normally begin in the adult magistrates’ court even though the offence was allegedly committed at 17. Youth sentencing considerations do not disappear. The sentencing court starts with the sentence likely to have been imposed for the offending while the person was a child, considers the applicable earlier limits and the subsequent circumstances, and applies the legally available powers. Mere passage into adulthood is not a reason to increase punishment. This is not a rule that every childhood-offence case must receive precisely the sentence that would have been imposed immediately after the offence. Sources: Judicial College — Child Defendants in the Crown Court, June 2025, Sentencing Council — Sentencing Children and Young People

Turning 18 during proceedings. Under CYPA 1963, section 29(1), proceedings begun before the relevant birthday may continue with the court able to make an order which would have been available without that birthday. Do not read an under-18-at-conviction condition in isolation from this saving. For example, a detention and training order may remain available where the defendant first appeared before turning 18. The youth court also has a pre-trial remittal power under Crime and Disorder Act 1998, section 47; Sentencing Code, section 27 addresses remittal for sentence after the person reaches 18. Identify the power actually being exercised rather than automatically restarting adult allocation. Sources: Judicial College — Child Defendants in the Crown Court, June 2025, Sentencing Act 2020 (Sentencing Code) — base provisions with amendments separately identified

The Sentencing Children and Young People guideline’s stated scope concerns offenders under 18 at the finding of guilt. Its principles also remain relevant when sentencing an adult for an offence committed as a child. Distinguish the guideline’s scope, the court’s statutory powers and the age-related sentencing principles: none can simply replace the others. Sources: Judicial College — Child Defendants in the Crown Court, June 2025, Sentencing Council — Sentencing Children and Young People