Youth justice in England and Wales

Youth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences. The principal aim of the youth justice system is to prevent offending by children and young persons.

A child who is aged under 10 is irrefutably presumed to be incapable of committing an offence. Prior to 1998, a child aged between 10 and 13 was presumed under doli incapax to be incapable of committing an offence unless the prosecution were able to prove that the child knew the difference between right and wrong, although a range of mitigating factors particular to childhood are normally taken into account in England and Wales Now, children aged between 10 and 17 are capable of committing offences and it is not possible for a child to avoid liability by showing that they do not know the difference between right and wrong. However, a child should not be found guilty if they are unfit to plead.

In exceptional circumstances, most notably the case of the murder of Jamie Bulger in Liverpool in 1993, children can be tried as an adult in an adult court.

From the age of 18 onwards, individuals are then considered an adult in the eyes of the law. Therefore, all punishment given by the courts or other law enforcement agencies will rest solely upon them.

After a person aged ten to 17 has been arrested and taken to a police station, Code C to the Police and Criminal Evidence Act 1984 requires that the custody officer ascertain the identity of a parent, guardian, Local Authority carer or any other person who has assumed responsibility for the juvenile's welfare and must inform them of the arrest. The custody officer should inform the appropriate adult (who may or may not be the same person) of the grounds for the detainee's detention and ask the adult to come to the police station to see the detainee. The juvenile should be told of the duties of the appropriate adult and that the juvenile can consult privately with the appropriate adult at any time, but warned that such conversations are not privileged.

The juvenile may not ordinarily be interviewed, be asked to provide or sign a written statement under caution, be asked to sign a record of interview without an appropriate adult being present. A superintendent may authorise an interview without an appropriate adult if:

During an interview where an appropriate adult is present, an appropriate adult should:

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