A guide for parents of children appearing in court
You have been asked to appear before the youth court with your child because it is alleged that he/she has committed an offence.
You are strongly advised to have a solicitor to represent your child to ensure that his/her and your legal rights are protected. The solicitor will tell you whether you will be able to get Legal Aid and will help you to fill in the application form. It is advisable to speak to a solicitor a few days before your court hearing.
If you intend to have a solicitor present to represent your child then it would save time if you arrange to see one before you come to court. Otherwise the case may need to be adjourned for the solicitor to arrange to see you and your child before the case can go ahead.
If the child/young person is under 16 at least 1 parent must attend court with the young person. Please make sure you arrive on time to avoid yourself and others having to wait longer. If a parent or guardian does not attend court with a child under 16 the court may decide to adjourn the case and summons the parent to attend.
Please do not bring other children to the court building, as there is no one to look after them when you are in court.
On arrival at the court building please report to the reception. You will be directed to the courtroom and there give your name to the court usher.
When you go into the courtroom the usher will show you where to stand. You will be asked to stand next to your son/daughter while the clerk to the court checks your names and addresses and reads out the charge(s).
The youth court is not open to the public. With the exception of the press, only the parents or guardian of the young person are allowed in the courtroom, and there are reporting restrictions to prevent the press from publishing your child's name.
If you would like to say anything to the magistrates then you must stand up to do so.
There will often have to be one or more adjournments of the case before it is finally dealt with. Your solicitor will explain the reasons for this.
If your child has admitted the offence or been found guilty the magistrates may ask the Youth Offending Service to prepare a pre-sentence report on your child to give the court the information it may need before deciding on the appropriate sentence. A youth justice worker will arrange an appointment with you and your child to gather information for the report. Also, if your child is of school age, the court may consider a report from the school, which will detail attendance, attitude and performance whilst at school.
Possible sentences
Conditional discharge – nothing further will happen if the offender keeps out of trouble for a specified period (usually 1 or 2 years). If further offences are committed within the period then the court may deal with the new offences and the old offences together.
Fine/costs/compensation – if the child has no way of paying the fine, responsibility will be on the parent/guardian to pay.
Action Plan Order - your child would be supervised by a social worker from the Youth Offending Service for a period of 3 months. The aim is to help young people keep out of further trouble.
Attendance centre order – your son/daughter may be ordered to attend sessions at an attendance centre run by the police to do physical training and woodwork or cookery etc. the sessions run for two hours on Saturday afternoons.
Supervision order – your child would be supervised by a social worker from the Youth Offending Service for a specified period – usually 1 or 2 years. The aim is to help young people keep out of further trouble.
Community rehabilitation order - similar to the above but only for those over 16 and a probation officer would be the supervising officer.
Community punishment order – only for those over 16. The offender has to do unpaid work for the community for a period of between 40 – 240 hours.
Community Punishment and Rehabilitation Order – a combination of community punishment and rehabilitation order.
If the court decides the offence(s) committed is ‘so serious’ that only a custodial sentence is appropriate then it may send the offender to a young offenders institution (YOI).
Bind over – When sentencing the young person the court may also bind over the parent(s) to exercise proper control of him/her. If your child offends again during a specified period then you may have to pay a fixed sum of money.
If you are confused about what is happening then please do not hesitate to ask one of the court staff or Youth Offending Services' staff who will be pleased to explain.
