16 year at time of offence, will be 18 in November…
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Hi everyone
I hope you are all doing ok. I need some advice please. My son has been arrested for inciting a child (12) to engage in sexual activity (photo swapping playing truth or dare) via snap chat over the course of a weekend back when he was 16.
He has previous (downloading images during lockdown when he was 14 which was dealt with by the YOT). For context his original searches was for girls his age but when searching for "girls" it took a darker turn in terms of what was searchable and he ended up on discord.
My son is adamant he thought the girl he was playing truth or dare with was his age, the photos sent were cropped, so headless.
I am pretty certain that given his previous the police are looking to prosecute, they are currently building a case to present to the cps.
My question is, my son will turn 18 at the end of the year, and I'm terrified he won't be seen in court until afterwards. Are outcomes different at 18? Will he be charged as an adult? Will it go in the press? I'm going out of my mind with worry.
Thankyou for any advice. Xx
I hope you are all doing ok. I need some advice please. My son has been arrested for inciting a child (12) to engage in sexual activity (photo swapping playing truth or dare) via snap chat over the course of a weekend back when he was 16.
He has previous (downloading images during lockdown when he was 14 which was dealt with by the YOT). For context his original searches was for girls his age but when searching for "girls" it took a darker turn in terms of what was searchable and he ended up on discord.
My son is adamant he thought the girl he was playing truth or dare with was his age, the photos sent were cropped, so headless.
I am pretty certain that given his previous the police are looking to prosecute, they are currently building a case to present to the cps.
My question is, my son will turn 18 at the end of the year, and I'm terrified he won't be seen in court until afterwards. Are outcomes different at 18? Will he be charged as an adult? Will it go in the press? I'm going out of my mind with worry.
Thankyou for any advice. Xx
As I understand it if the offence was committed before he was 18 he has to be sentenced as a child even if he is now an adult. However, the case would still be managed by magistrates/crown courts rather than the youth courts.
A recent example of this would be the Southport stabbings, because he was under 18 at the time of the offence he couldn't be given a whole life tariff as these can't be given to children. The judge has confirmed that if the event took place one month later when he was an adult that is the sentence he would likely have received.
A recent example of this would be the Southport stabbings, because he was under 18 at the time of the offence he couldn't be given a whole life tariff as these can't be given to children. The judge has confirmed that if the event took place one month later when he was an adult that is the sentence he would likely have received.
As far as I understand it, he'll be sentenced/prosecuted as the age he was when he committed the crime. But I'm in now way absolutely sure. I'm so sorry you're in this situation. It must be very hard on you. X
Hello Nicnac29
I am sorry that you find yourself here. This link may be helpful to you
justforkidslaw.org/sites/default/files/upload/YJLC%20Turning%2018%20briefing%20(June%202020).pdf
Have you put your concerns to the police about your son turning 18 in November ? If he committed this offence at 16 it seems very unfair for him not to attend Youth Court and potentially have to attend court as an Adult.
If this goes to Adult Court (as he has turned 18) he would lose his right to anonymity and also not be treated on the principle 'child first, offender second' which is used in Youth Courts.
I am thinking of you and your son.
I am sorry that you find yourself here. This link may be helpful to you
justforkidslaw.org/sites/default/files/upload/YJLC%20Turning%2018%20briefing%20(June%202020).pdf
Have you put your concerns to the police about your son turning 18 in November ? If he committed this offence at 16 it seems very unfair for him not to attend Youth Court and potentially have to attend court as an Adult.
If this goes to Adult Court (as he has turned 18) he would lose his right to anonymity and also not be treated on the principle 'child first, offender second' which is used in Youth Courts.
I am thinking of you and your son.