SQE1 Criminal Litigation · Page 5 of 11
Youth court procedure and hearings
Youth Court, Remand, Sentencing, Legal Aid and Welsh Language
Prepare the first hearing as a sequence of decisions. Confirm identity and reliable age information; representation; parent, guardian or other supporting arrangements; communication and language needs; the charge and initial prosecution details; bail; and the proper court. A Youth Justice Service (YJS) supplies youth-specific assessment and support; legislation often uses youth offending team (YOT). Neither the YJS nor a parent replaces independent legal advice. Sources: Judicial College — Child Defendants in the Crown Court, June 2025, Criminal Procedure Rules 2025, SI 2025/909, and current Part 3
Under Criminal Procedure Rules 2025 (CrimPR), rule 9.13, the court reads or explains the allegation in language the child can understand, explains the relevant court processes and asks whether the child would plead guilty if the case proceeded to trial. A guilty indication is treated as a guilty plea: the court proceeds to sentence or considers the applicable committal-for-sentence power. A not-guilty indication or no indication leads to prosecution and defence representations about the proper trial court. It is not adult plea before venue followed by a child’s right of election. Sources: Criminal Procedure Rules 2025, SI 2025/909, and current Part 3
The child must receive advice about the consequences before indicating a plea. Rule 9.13 also permits a request for an indication whether a custodial or non-custodial sentence would follow a guilty plea; the court need not give one. Do not treat a request as a promise of a particular sentence, or let the child believe that the available sentencing information establishes guilt. A plea is the child’s decision on legal advice, not the parent’s decision. Sources: Criminal Procedure Rules 2025, SI 2025/909, and current Part 3
If the youth court retains the case, directions should identify what is disputed and what must be done to prepare the trial: disclosure, admissions, witnesses, participation measures, a ground-rules hearing where needed, any intermediary or live-link application, the trial estimate and readiness. Ground rules are advance arrangements for how questioning and participation will work, not a relaxation of the burden of proof. Explain each direction, who must comply and what the child needs to do; confirm understanding rather than merely hand over a court order. Sources: Criminal Procedure Rules 2025, SI 2025/909, and current Part 3, Criminal Practice Directions 2023 — consolidated amendments 16 March 2026
At a contested trial, the prosecution opens and calls its evidence, with defence questioning. A no-case submission may challenge whether the prosecution evidence is legally sufficient. The child decides, after confidential advice, whether to give evidence; the defence presents any other evidence. The parties make closing submissions. The bench or District Judge determines guilt and gives reasons. The general rules on burdens, admissibility, defence evidence and professional duties are taught in the trial/evidence chapters and still apply here. There is no jury. Sources: Criminal Procedure Rules 2025, SI 2025/909, and current Part 3
After guilt, sentence immediately only when the court has sufficient information and has complied with the report requirements. Otherwise adjourn for the necessary YJS, pre-sentence or specialist material and decide bail or remand again. An adjournment for a report is not a sentence and does not justify detention without the remand tests. Pre-sentence report means information and assessment to help the court choose a lawful and suitable sentence; it is not a direction to impose whatever disposal its author proposes. Sources: Sentencing Act 2020 (Sentencing Code) — base provisions with amendments separately identified, Criminal Procedure Rules 2025, SI 2025/909, and current Part 3, Legal Aid, Sentencing and Punishment of Offenders Act 2012 — youth remand and representation, Police, Crime, Sentencing and Courts Act 2022 — youth remand and DTO amendments, Sentencing Council — Robbery: Sentencing Children and Young People
Restricted access does not make the youth court an informal meeting. CYPA 1933, section 47 permits those directly concerned, court personnel, authorised persons and bona fide newspaper/news-agency representatives to attend; the general public does not have ordinary open access. Reporting restrictions are a separate issue in section 5. Sources: Children and Young Persons Act 1933, section 47
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