Children & Young People In The Criminal Justice System

This episode takes a deep dive into the youth justice system - exploring how children and young people are treated differently to adults by the criminal law, and why practitioners often find the youth court one of the most challenging, yet rewarding environments in which to work.

Hosts Clive Smith and Colin Beaumont share their experiences from decades of youth court advocacy, highlighting the importance of understanding unique procedures, sentencing principles, and jurisdictional nuances. From trial allocation and the concept of "persistent young offenders”, to the role of parents and guardians in proceedings, this episode covers the full landscape of youth justice in practice.

Colin explains why the youth court feels like “an entirely separate carriage” in criminal law — familiar principles applied in unfamiliar ways — while Clive reflects on how the informality of process belies the immense responsibility involved. Together they walk listeners through twelve core discussion points, blending legal updates, practical tips, and courtroom anecdotes that will resonate with both experienced and aspiring practitioners.

The conversation begins with jurisdiction, when cases should remain in the youth court and when they must go to the Crown Court, using BH and Norwich Youth Court as a case study and drawing on Judicial College guidance on youth defendants. The pair then move through sentencing powers, then ZA (2023) case on courtroom setup, and the principles from Lang on assessing dangerousness. They unpack persistent young offenders under the Sentencing Council’s guidance, referral orders, and the latest statutory instrument enhancing youth court fees, before tackling more complex issues such as children/youth defendants charged alongside adults, age at first appearance, and remands into custody under LASPO 2012.

The episode closes with reflections on training and the Youth Justice Charter, reminding listeners that youth advocacy demands both technical skill and humanity a blend of law, communication, and empathy rarely found elsewhere in practice.

For more information or to book a place on a forthcoming course, please visit legal-eagle-training.com.

Judicial College - Child Defendants in the Crown Court (Formerly Youth Defendants in the Crown Court) June 2025:

https://www.judiciary.uk/wp-content/uploads/2025/06/Child-Defendants-in-the-Crown-Court-June-2025-Final-v2.pdf

BH v Norwich Youth Court [2023] EWHC 25 Admin

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2023/25.html&query=(bh)+AND+(norwich)

Sentencing Act 2022 - The Sentencing Code

https://sentencingcouncil.org.uk/resources/sentencing-code/

R v ZA [2023] EWCA Crim 596

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Crim/2023/596.html&query=(za)

B v Leeds Crown Court [2016] EWHC 1230 (Admin)

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2016/1230.html&query=(b)+AND+(leeds)+AND+(crown)+AND+(court)

Chapters

00:25 – Introduction and recent early release headlines

03:20 – Why the youth court feels different

05:17 – Where trials should take place: BH and Norwich Youth Court

08:50 – Homicide and driving offences: jurisdictional boundaries

12:20 – The Judicial College’s guidance on youth defendants

13:27 – Where sentencing should take place: ZA (2023) and committals

17:20 – Persistent offenders and detention thresholds

19:55 – Referral orders for first-time and repeat offenders

25:22 – Using the Crown Court Guidance and practice

25:57 – Enhanced youth court fees (SI 2024/1163)

28:31 – Why better advocacy and pay must go hand in hand

35:44 – Age at first appearance and its consequences

41:22 – Jointly charged defendants: severance and fairness

44:34 – Remand powers and LASPO 2012, sections 98–99

47:58 – Orders against parents or guardians

49:25 – The principle from B v Leeds Crown Court

51:12 – The case for youth court training and the Youth Justice Charter

52:24 – Closing reflections on advocacy, empathy, and reform