CRIMINAL RESPONSIBILITY

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Introduction
England & Wales
Scotland
Northern Ireland

INTRODUCTION

A small number of young people are responsible for a large proportion of crime. Home Office statistics for England and Wales revealed that in 1995, 10 to 17 year olds accounted for 26% of all know offenders, the commonest offences being theft and handling of stolen goods. The survey also revealed that the peak age of known offending is 15 in young women and 18 in young men.

There is no definition of a child who is likely to offend. The Home Office publish a document discussing several aspects that contribute to a child’s behaviour, encompassing the role of parents and the school in juvenile offending.

In the eyes of the law, parents have a responsibility to ensure that their children do not break the law. If a child commits a crime and is taken to court, the court has the power to involve parents in their children’s proceedings and punishment. Parents can be required to:

Attend court with their child.

Pay their child’s fines.

Commit to controlling their child properly and ensure their child’s compliance with a community sentence.

Failure on behalf of the parents to comply can result in a fine.

It is difficult to specify what to expect when your child commits a criminal offence. Police procedure and punishment are dictated by many criteria, including the child’s age, the nature of the crime and where you live in the United Kingdom. For a general outline, refer to the England and Wales, Scotland, and Northern Ireland sections below, but for information suited specifically to your case, it is recommended that you seek legal advice, or contact your local social services department.

ENGLAND & WALES

Children under 14 years are considered by the law in England and Wales to be ‘doli incapax’ (incapable of evil) and thus not capable of committing crime. However the age of criminal responsibility is 10 years old. Therefore a child aged between 10 and 14 can be found guilty of a crime, but only convicted if the presumption of ‘doli incapax’ is rebutted. The present government aim to pass legislation bringing both circumstances in line.

A major new initiative in England and Wales is the introduction of Youth Offending Teams. Local government and education authorities, in conjunction with social services departments ensure that inter-agency teams will be placed in local areas. They comprise of social workers, probations officers, police officers and education and health authority staff.

The Youth Offending Teams aim to:

Undertake work to prevent juvenile offending by identifying those children and young people most at risk of offending and working with them and their families.

Provide certain youth justice services, such as assessment work following final warnings, providing reports and other information to the courts and acting as supervising officers for community sentences.

Co-ordinate the provision of youth justice services for those people in areas who need the facility.

The Home Office publish a document on their website that describes the role of Youth Offending Teams in more detail.

If a case is taken to court, there are several possible outcomes:

On conviction in a magistrates’ court, a child between the age of 10 and 14 can be fined up to Ł250, and aged between 14 and 18 can be fined up to Ł1000. If the child is under 18, the parents are generally required to pay the fine.

Children between 10 and 15 years of age maybe placed under the supervision of the local authority. This action may range from a stay with a foster family to the imposition of conditions such as night restrictions or a school attendance requirement.

Any child over the age of 10 can be ordered to go to an attendance centre, for between 12 and 24 hours in total every other Saturday dependent on age and the crime committed.

The court cannot impose a prison sentence on anyone under the age of 10.

If a child aged 10 to 17 years is issued a caution by the police, records of the incident will be held for up to 10 years. This does not technically count as a criminal record, but in certain situations, these records may be made available to a court or employer. Alternatively, if the case goes to court and the child is found guilty and sentenced, then they will incur a criminal record.

The rights of the Police to question children and young people are the same as those concerning adults. The Police should inform the appropriate person with parental responsibility when detaining a child under 16. The adult concerned may be permitted to see the child but has no legal right to do so.

For more detailed information, applicable specifically to your situation, it is advised that you seek legal advice. The Law Society has a search facility on its sites to help you find a solicitor to suit your needs. Your local social services department may also be able to assist you. Refer to our Lawyers and Legal Advice section.

SCOTLAND

In Scotland, a child aged eight years and above can be deemed criminally responsible. A child under eight is classed as ‘doli incapax’ (incapable of evil) and therefore considered under the law as not having the capacity to commit offence; they may be referred to a social worker and ultimately a children’s hearing if they demonstrate behaviour that may put them at risk or make them vulnerable.

If a child between eight and 16 years of age commits a criminal offence, it is usual for the case to be referred to the Children’s Reporter, who decides whether or not the matter will be taken any further. In 1997/8 there were 40,080 referrals to Children’s Reporters on offence grounds. If appropriate, the Reporter will recommend the case to the Children’s Hearing System.

A panel of lay people who have received special training for the task will conduct the hearing. They may include representatives from various areas including education and social work. The panel are responsible for deciding what measures should be taken to help the individual child.

There are numerous potential outcomes of a children’s hearing, including:

A decision to take no further action

The imposition of a supervision requirement – this may entail the young person living away from home either with foster parents, in secure accommodation or a care home. In some cases the child may remain at home but be under the supervision of a social worker.

The imposition of a residential requirement – this entails a stay in a secure unit of some kind. Scotland has 3 secure schools where children are sent as an alternative to a custodial sentence.

The imposition of conditions restricting contact with other children.

If there is a dispute over the facts of the case, then a court will consider the case to determine innocence or guilt, and then refer it back to the children’s hearing. If a more serious offence such as murder or sexual assault has been committed, the case goes straight to court rather than through a children’s hearing.

If the matter is dealt with solely by the Police, the child will not receive a criminal record. Alternatively, if the case goes to court and the child is found guilty and sentenced, then they will incur a criminal record. The court cannot impose a prison sentences on anyone under the age of 14 and tries to avoid placing anyone under 16 in a young offenders institution. The maximum time a child can spend on remand in Scotland is 110 days.

NORTHERN IRELAND

The Juvenile Justice system in Northern Ireland deals with children aged between 10 and 17 years of age. The law presumes that children below 10 are ‘doli incapax’ (incapable of evil) and cannot therefore be prosecuted for criminal offences; if they come to the notice of the police in conjunction with a criminal act they are directed towards social services and dealt with under child welfare legislation.

Recent changes in legislation concerning juvenile justice in Northern Ireland have altered the way the system operates. However, the first point of contact for a child who has committed an offence is still the police. They have considerable discretion in how they deal with juvenile offenders. The well-established Juvenile Liaison Scheme is a specialist unit of police officers with the responsibility for dealing with juveniles. In 1997 just under 13, 000 cases were dealt with under the Juvenile Liaisons Scheme in Northern Ireland.

There are several options available to the police when handling offenders:

To take no further action.

To issue an ‘informal warning and advice’ - the juvenile is warned about the consequences of the behaviour and is given advice about staying out of trouble. This does not form part of the juvenile’s criminal record but the police do keep a record of the warning for their own purposes.

To administer a ‘formal caution’ which does not form part of the juvenile’s criminal record but which can be cited in court at a later date.

To prosecute the case through the courts, usually where the offence is particularly serious or the juvenile has a history of previous offending and where a formal caution is deemed inappropriate.

In addition to the Juvenile Liaison Scheme, a multi-departmental organisation – the Juvenile Liaison Bureaux - has recently been created. It comprises representatives from the police, education, social services and probation. The Bureaux comes into play when a juvenile has admitted committing an offence. They consider the case and advise on whether the child should be prosecuted or formally cautioned. The final decision remains with the police. More Bureaux are currently being established across Northern Ireland

There are plans to extend the role of the Bureaux to that of a ‘children’s panel’ which would have the added responsibility of considering cases referred by any of the agencies involved. The aim would be to identify children who are at risk of offending, and provide help for them and their families to avoid problems arising.

Juveniles are usually dealt with in the youth court unless they are charged with adults or in the case of serious offences, are tried in the Crown Court. The youth court has jurisdiction to hear and determine cases brought against children under 17-years old for offences other than homicide. It is less formal than the adult magistrates’ court and the public is excluded from the proceedings. The prosecution process can be lengthy, and the average time juveniles spend on remand is around 4.5 months.

If the case goes to court, there are several possible outcomes:

An absolute or conditional discharge.

A monetary penalty such as a fine, recognizance or compensation order

A custodial order, such as juvenile justice centre order (available to 10 to 17 year olds inclusive). The maximum sentence is two years – a year in custody and a year completing a community sentence. The standard sentence is six months.

For grave crimes, 10 to 16 year olds can be detained at the Secretary of State’s pleasure or under the Criminal Justice (Children)(Northern Ireland) Order 1998. Only the Secretary of State can determine the latter two courses of action.

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