Can a Child Under 18 Go to Prison in England and Wales?

Can a Child Under 18 Receive a Custodial Sentence?

Yes, a custodial sentence can be imposed on a child under 18 in certain circumstances, but the type of custody, where the child is held, and the legal test that must be met are all fundamentally different from those that apply to adults.

The age of criminal responsibility

In England and Wales, the age of criminal responsibility is 10. A child under 10 cannot be arrested, charged or convicted of any criminal offence. They are considered too young to be held criminally responsible under the law.

Children aged 10 to 17 can be arrested and brought before the youth court if they are alleged to have committed a criminal offence. The youth court has jurisdiction over criminal proceedings against all children under 18, with certain grave crimes committed to the Crown Court.

Children are not sent to adult prisons

Children under 18 who receive custodial sentences are sent to a secure accommodation designed for children and young people, not an adult prison. The two systems are legally and operationally distinct. 

The environment, the approach to rehabilitation and the legal framework all differ from the adult estate. A custodial sentence remains serious; it is not the same as being held alongside adult prisoners.

Custody is a last resort

Both domestic law and international obligations require that custody is used only when an offence is so serious that no community sentence or fine can be justified. The Sentencing Council’s definitive guideline on sentencing children and young people states that custodial sentences must be a last resort for all children, and that custody is expected to be particularly rare for those aged 14 or under.

A serious allegation does not automatically lead to a custodial sentence. The court must apply a specific legal test before custody becomes available, and that test requires a level of seriousness that many cases do not reach.

How Age Affects the Court’s Options

The sentencing options available to a court depend partly on the child’s age. Different rules apply to children aged 10 or 11, those aged 12 to 14 and young people aged 15 to 17.

Children under 10

Children under 10 are below the age of criminal liability in England and Wales. The court has no sentencing jurisdiction over them. Where there are concerns about a child under 10 who has caused harm, those concerns are addressed through child protection and welfare systems rather than the criminal courts.

Children aged 10 and 11

Children aged 10 and 11 can be prosecuted and brought before the youth court. However, they cannot receive a detention and training order, which is the standard custodial sentence for children. 

The court must take into account the normal prohibition on imposing custodial sentences at this age, and the sentencing options available are significantly limited.

Children aged 12 to 14

A detention and training order is available in principle for children aged 12 to 14, but only where the court is satisfied that the child is a persistent offender.

For children in this age range who are not persistent offenders, the normal prohibition on custodial sentences continues to apply. The court must make a specific finding about persistent offending before custody becomes an option.

Young people aged 15 to 17

A detention and training order is available for young people aged 15 to 17 for any imprisonable offence that is serious enough, subject to the overarching custody threshold being met. The sentence cannot exceed the maximum an adult would receive for the same offence.

Age is assessed at the time of conviction, not the offence

The child’s age at the time they are found guilty is generally important when determining which youth sentencing options are available. For example, someone who was 14 when an offence occurred may be 15 by the time the case is decided.

This can affect the sentencing framework, although courts must also consider the person’s age when the offence was committed.

Where a significant birthday has passed during the proceedings, a solicitor can explain which rules apply and how the change in age may affect the outcome.

Where Children May Be Held in Custody

When a child under 18 is sentenced to custody or remanded to secure accommodation, the type of establishment depends on their age, vulnerability and assessed needs. There are three main types of placement used in England and Wales, and none of them is an adult prison.

Secure children’s homes

Secure children’s homes are used for younger children and those considered more vulnerable. They are smaller establishments with a stronger focus on care, education and individual support.

Their purpose is to meet the needs of children who require secure accommodation while receiving appropriate welfare and educational services.

Secure training centres

Secure training centres are privately operated facilities used for children typically aged 12 to 17. They are different from secure children’s homes and young offender institutions in their size, facilities and daily arrangements.

Placement depends on the child’s circumstances and the accommodation available.

Young offender institutions

Young offender institutions are used for older teenagers, typically those aged 15 to 17. They are larger and operate a more structured regime. While they share some features with the adult prison system, they remain legally distinct and are not adult establishments.

Who decides where a child is placed

The sentencing court imposes the custodial sentence, but it does not decide which specific establishment a child will be sent to. That decision is made by the Youth Custody Service, which takes into account the child’s age, vulnerability, proximity to family and assessed needs. Families should not assume that the court controls the precise placement.

Remand and Sentencing: What Is the Difference?

Remand and a custodial sentence are different legal processes. Understanding the distinction is important for families concerned about whether a child may be detained before their case is decided.

What custodial remand means

A child held on remand has not necessarily been convicted or sentenced. Remand allows the court to determine where a child should stay while criminal proceedings continue. For children, the preferred approach is generally to consider bail or suitable local authority accommodation rather than secure detention.

Secure remand to youth detention accommodation is available for children aged 12 to 17 only where specific legal conditions are met.

The court must consider the alleged offence, the child’s circumstances and whether detention is necessary. Children aged 10 and 11 cannot be remanded to youth detention accommodation.

What a custodial sentence means

A custodial sentence follows conviction. It is the court’s response to the offending after the child has been found guilty or pleaded guilty, and it is imposed only after the custody threshold is met. The most common custodial sentence for children is the detention and training order, described in more detail below.

Why the distinction matters

A child on remand retains the presumption of innocence. Remand is a holding measure, not a finding of guilt, and it should not be treated as an indication of what the outcome of the case will be.

Time spent on remand may be credited against the final sentence if a custodial sentence is eventually imposed. A solicitor can advise on how remand time is likely to be accounted for in a particular case.

When the Court May Consider Custody

A court cannot impose custody simply because an offence appears serious. It must apply the legal test governing custodial sentences for children and consider whether another sentence would be appropriate.

The custody threshold

The court may impose custody only where the offence, or combination of offences, is so serious that neither a fine nor a community sentence can be justified.

The child’s age, maturity, personal circumstances and the seriousness of the offending must all be considered.

The Sentencing Council’s guidelines require courts to explain why custody is necessary and why suitable community alternatives would not be sufficient.

This means that the threshold must be assessed for the individual child rather than applying the same approach used for adults.

The detention and training order in practice

A detention and training order (DTO) is the standard custodial sentence for children aged 12 to 17 where the legal requirements are satisfied. The minimum term is four months, and the maximum is 24 months.

Normally, the first half of the sentence is served in custody, while the second half is spent in the community under supervision. For example, a 12-month detention and training order would generally involve six months in custody and six months under supervision.

The child must follow the conditions imposed during the community part of the sentence. Breaching those conditions may result in further court action and, in some cases, a return to custody.

Longer sentences for grave crimes

For the most serious offences, including murder and certain violent or sexual offences, the Crown Court has powers to impose longer sentences under separate legal provisions. These are genuinely exceptional cases. 

For example, a child convicted of murder receives a mandatory sentence of detention during His Majesty’s pleasure. Such sentences differ from ordinary detention and training orders and are reserved for the most serious offending.

The role of the Youth Offending Team

Before the court sentences a child, the Youth Offending Team prepares a pre-sentence report covering the child’s background, home circumstances, education, mental health and assessed risk.

The content of that report can influence whether the court finds the custody threshold to be met and which sentence is ultimately imposed.

A solicitor can work with the relevant professionals to ensure the court has accurate information before sentencing.

Alternatives to Custody

Courts have several alternatives to custodial sentences available for children under 18. The last-resort principle means those options must be considered before custody is imposed. The availability of a particular disposal depends on the child’s circumstances, the nature of the offending and any previous history.

Referral orders

A referral order is available for first-time offenders who plead guilty. The child is referred to a youth offender panel, which brings together the child, their parents or carers and community volunteers to agree a programme of activity.

The programme is tailored to the individual and aims to address the causes of the offending and repair any harm caused.

Youth rehabilitation orders

A youth rehabilitation order is a community sentence that can include several requirements. These may involve supervision, a curfew, education, treatment or other activities intended to reduce further offending.

The conditions are chosen according to the child’s needs and the circumstances of the offence. This allows the court to impose a meaningful sentence without necessarily removing the child from their home or community

Fines and discharges

Courts may impose a fine or an absolute or conditional discharge where appropriate. An absolute discharge means no further punishment is imposed, while a conditional discharge means the child must avoid further offending during a specified period.

In certain circumstances, a parent or guardian may be required to pay a fine imposed on a child.

Reparation and restorative approaches

A reparation order requires the child to make amends to the victim or to the wider community. This may involve direct or indirect reparation and is intended to help the child understand the impact of their actions and take steps to address it.

Cautions and out-of-court disposals

Not every case involving a child needs to proceed to court. Youth cautions and youth conditional cautions may be available where the relevant requirements are met.

A youth conditional caution can include conditions intended to address the behaviour, such as participation in a programme or other appropriate activities.

These options allow some offences to be dealt with without a prosecution, depending on the circumstances.

How a Youth Crime Solicitor Can Help

Legal advice from a solicitor experienced in youth justice can help children and their families understand the process from arrest through to sentencing. The youth justice system has its own courts, procedures and sentencing rules. A solicitor familiar with these requirements can advise on the options available at each stage.

Getting involved early

A solicitor can attend the police station when a child is arrested. Advice at this stage can affect how the case develops, including whether a caution is appropriate, whether charges are brought and what is said in any interview.

Early representation protects the child’s rights at a point when decisions are being made that can shape the entire case.

Representation in the youth court

A youth crime solicitor can challenge the prosecution’s evidence, make submissions on whether the custody threshold is met, present mitigation and work with the Youth Offending Team to support a pre-sentence report that accurately reflects the child’s circumstances.

Effective representation at the sentencing stage can affect whether the court finds that custody is justified and which sentence is ultimately imposed.

Contesting remand decisions

Where a child faces secure remand, a solicitor can make bail applications and argue against unnecessary detention before the case is concluded. The criteria that must be met before secure remand is ordered can be challenged where the evidence does not support them.

Advising families throughout

Parents and carers play an important role in youth court proceedings. They may be expected or required to attend hearings and participate in decisions concerning the child.

A solicitor can explain what the family should expect, how the proceedings work and what support may be needed. Clear advice can help parents and carers understand their responsibilities and the options available.

Speak to our Criminal Defence solicitor for advice about your child’s circumstances and the next steps.