Can a Child Be Tried in the Crown Court? Grave Crimes and Joint Trials With Adults

When Can a Child Be Tried in the Crown Court?

The youth court is the default venue for criminal proceedings involving children and young people in England and Wales. The age of criminal responsibility is 10, so any child aged 10 or over can face criminal proceedings. 

The youth court is specifically designed to meet the needs of children and young people. The Crown Court is more formal, with a judge, jury and public gallery, and is generally reserved for more serious cases.

A child’s case may be sent to the Crown Court if it meets specific legal requirements.

The youth court as the starting point

The Sentencing Council’s guideline on sentencing children and young people confirms that, subject to defined exceptions, cases involving children should be tried in the youth court. A Crown Court trial brings a substantially different environment: a jury, a judge in formal robes, advocates in wigs and gowns, and a public gallery.

These features can make proceedings more challenging for children, particularly younger defendants.

For that reason, the court must consider whether a Crown Court trial is necessary rather than treating it as the usual approach.

Mandatory routes with no judicial discretion

Certain offences must be tried in the Crown Court. These include homicide offences such as murder and manslaughter. Children charged with these offences must be sent to the Crown Court.

Some serious firearms offences involving 16- and 17-year-olds also require Crown Court proceedings. Other mandatory routes may apply in certain serious or complex cases, including where the relevant statutory notice has been given.

In these circumstances, the court does not have the usual discretion to keep the trial in the youth court. However, most criminal cases involving children remain within the youth court system.

What Are Grave Crimes?

Grave crimes are a defined category of serious offences that may be tried in the Crown Court. Being charged with a grave crime does not automatically mean a child will be sent to the Crown Court. The youth court must first consider whether the legal requirements for transferring the case are met.

Which offences count as grave crimes?

An offence qualifies as a grave crime if the maximum sentence available to an adult convicted of that offence is 14 years or more. 

Certain sexual offences also fall within the category regardless of their maximum penalty. These include sexual assault, child sex offences, sexual activity with a child family member and inciting a child family member to engage in sexual activity. Some firearms offences with mandatory minimum sentences are also included.

The real prospect test

Before sending a child to the Crown Court for a grave crime, the court must consider whether there is a real prospect of a sentence exceeding two years’ detention if the child is convicted. This is the real prospect test.

The court does not simply accept the prosecution’s case at its highest when applying this test. The Sentencing Council’s guideline makes clear that in most cases it will be difficult to decide whether there is a real prospect of a sentence exceeding two years without knowing more about the facts of the case and the individual circumstances of the child, including age and maturity.

As a result, many children charged with grave crimes are tried in the youth court rather than the Crown Court.

Sending for trial compared to committal for sentence

Sending a child to the Crown Court for trial and committing a child there for sentencing are different processes.

• Sending for trial means the Crown Court hears the case and determines the verdict.
• Committal for sentence happens after the child has been convicted in the Youth Court.

If the youth court later decides that its sentencing powers are insufficient, it may refer the child to the Crown Court for sentencing where the legal requirements are met.

This allows more serious cases to remain in the youth court for trial without preventing an appropriate sentence from being imposed later.

What Happens When a Child Is Charged Alongside an Adult?

A child is not automatically tried in the Crown Court simply because they have been charged alongside an adult. The youth court remains the normal venue for children, and the court must decide whether a joint trial is appropriate.

The default position in joint cases

The Sentencing Council’s allocation guideline states that the proper venue for a child’s trial is normally the youth court, and that this remains the position even where the child is charged jointly with an adult. If the adult is sent to the Crown Court, the court must then consider the child’s position separately. The conclusion should be that the child is tried separately in the youth court unless the interests of justice require otherwise.

The interests of justice test in joint trials with adults

When deciding whether to send a child to the Crown Court for a joint trial with an adult, the court applies an interests of justice test. Several factors are weighed in that assessment.

One factor is whether separate trials would cause injustice to witnesses or to the case as a whole. The age of the child matters significantly: the younger the child, the stronger the case for keeping the trial in the youth court. The age gap between the child and the adult co-defendant is also relevant, and a substantial gap weighs in favour of the youth court. The child’s maturity is taken into account as well. 

For example, a 13-year-old charged alongside a much older adult may have stronger grounds for a separate youth court trial than an older teenager with a similar level of alleged involvement. No single factor determines the outcome. The court must consider the circumstances as a whole before deciding whether a joint trial is necessary.

How the Court Decides Where the Trial Takes Place

The decision about where a child will be tried is generally made at an early stage of the criminal proceedings. This is known as the allocation decision. At this point, the court may not have heard all the evidence, making legal arguments about the appropriate venue particularly important.

When the allocation decision is made

The court considers the offence charged, the relevant legal requirements and the circumstances of the child. In grave crime cases, it may need to assess whether a sentence exceeding two years’ detention is a realistic possibility.

Where an adult is jointly charged, the court considers whether the interests of justice require a joint trial. A solicitor can make submissions about the child’s age, maturity, background and alleged involvement before the court decides where the case should proceed.

What can a child and family expect at this stage?

The child does not usually give evidence at the allocation hearing. A solicitor can make submissions on the child’s behalf, setting out the reasons why the case should remain in the youth court. 

The allocation decision can have lasting consequences for the child’s experience of the proceedings and for the sentencing options available at the end of the case. Early legal representation is important for this reason.

Supporting a Child Through Crown Court Proceedings

When a child appears in the Crown Court, the court must consider their age, maturity and ability to understand and participate in the proceedings.

There are protections and adjustments available to help children take part effectively.

Reporting restrictions

Children involved in youth court proceedings are normally protected by automatic reporting restrictions. These restrictions generally prevent the publication of information that could identify the child while they are under 18.

However, reporting restrictions are not automatically applied in the same way when a child’s case is heard in the Crown Court. The Crown Court can make an order restricting the publication of identifying information where the legal requirements are met.

For example, a solicitor may ask the court to prevent the child’s name or other identifying details from being published. Families should seek advice about whether a reporting restriction is in place rather than assuming anonymity is automatic.

Special measures and participation support

Children giving evidence or attending Crown Court proceedings may be entitled to special measures. These can include screens to shield the child from the defendant, evidence given by live video link, and the use of an intermediary who helps the child communicate effectively. 

The court must also consider practical arrangements that allow the child to follow the proceedings and communicate effectively with their legal representatives.

Adapted procedures in the Crown Court

Judges are required to consider and implement measures that make it easier for a child to follow and participate in proceedings. Proceedings should be explained in language the child can understand. Robes and wigs may be dispensed with.

Regular breaks can be arranged, and the sitting day can be shortened to reflect the child’s needs. These adaptations do not remove the formality of the Crown Court entirely, but they are a meaningful form of support.

Does Crown Court Mean an Adult Sentence?

Being tried in the Crown Court does not automatically mean a child will receive an adult sentence. The court must apply the relevant youth sentencing framework where the defendant is still under 18 at the time of conviction.

The child’s age, maturity, welfare and prospects for rehabilitation remain important considerations.

Age governs sentencing, not the trial venue

The Sentencing Council’s guidelines on sentencing children and young people apply in both the youth court and Crown Court. A child should not be sentenced in the same way as an adult simply because their case was heard in the Crown Court.

The sentencing judge must consider the child’s individual circumstances and the principles governing youth justice. However, the position becomes more complicated if the defendant turns 18 before being convicted.

Sentences the Crown Court can impose on children

The Crown Court can impose a Detention and Training Order beyond the two-year maximum available in the youth court. For grave crime convictions, a longer period of detention under the relevant statutory provision applies. 

Extended sentences are available in defined circumstances where the court finds that the child presents a significant risk of serious harm. In all cases, the sentencing guideline for children requires the court to give appropriate weight to the child’s age, background and potential for rehabilitation.

What if the child turns 18 before sentencing?

If a defendant turns 18 during the proceedings, the age at which they are convicted can affect the sentencing framework. For someone who turns 18 before conviction, the court generally applies adult sentencing provisions while taking account of their age when the offence occurred and their maturity.

Where a defendant was convicted before turning 18 but is sentenced afterwards, different considerations may arise. A solicitor can advise on the applicable rules and how crossing the age threshold may affect the outcome.

The Role of a Youth Crime Solicitor

A solicitor experienced in youth justice can advise children and their families throughout the criminal proceedings. The allocation hearing is particularly important because it determines whether the child will be tried in the youth court or Crown Court.

A solicitor can make submissions about why the case should remain in the youth court, including arguments relating to the seriousness of the offence, the child’s age and their individual circumstances.

Where the child is charged alongside an adult, the solicitor can address whether a joint trial is necessary in the interests of justice.

If the case proceeds in the Crown Court, a solicitor can advise on reporting restrictions, participation support and the procedures the child is likely to encounter. They can also explain the hearing process to parents and carers so that they understand what to expect.

At sentencing, a solicitor can present information about the child’s background, personal circumstances and prospects for rehabilitation. They can also address whether the legal requirements for a custodial sentence have been met.

Ashmans Solicitors represents children and young people facing criminal proceedings, including serious cases that may be heard in the Crown Court. Speak to our Youth Crime solicitor for advice about your child’s circumstances and the next steps.

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