Youth Justice and Vulnerable Defendants or Witnesses
Youth justice
Age of criminal responsibility is 10. The youth court deals with most child defendants. Sentencing options include referral orders, youth rehabilitation orders, and detention and training orders. Welfare and proportionality are central. Vulnerable defendants need appropriate adults; witnesses need special measures, intermediaries, and reporting restrictions.
Vulnerable participants
Vulnerability can arise from age, mental disorder, learning disability, or trauma. The court should consider ground rules hearings, live links, and intermediary appointments. Reporting restrictions protect children and vulnerable witnesses, but the court can lift them in limited circumstances.
Traps
Age at the time of the offence, not trial, governs liability and sentencing. Youth court powers differ from adult court. An intermediary is not automatic. Reporting restrictions are strict and breach can be contempt.
Worked example
A 15-year-old charged with robbery appears in the youth court with an appropriate adult. If a witness is vulnerable, the court holds a ground rules hearing and considers special measures.
Rule of thumb
Check age, vulnerability, and the correct forum first; then consider adaptations and reporting restrictions.