Info from Youth Justic Legal Centre re if charged and turning 18
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Thought might be helpful to some if I shared this.
Delays
Unfortunately, there is no time limit for how long an investigation can take and sometimes they drag on for years. We get a high number of enquiries from parents and carers who are despairing at the length of time their child has been investigated by the police. There are severe delays in the system which mean that cases, particularly cases concerning sexual offences, are taking a long time to conclude. It can be an incredibly stressful time for the child and their family.
The outcomes of the investigation are either that there will be No Further Action, it could be charged to court or he could be given an Out of Court Disposal such as a Youth Caution or a Youth Conditional Caution. The final option is unlikely (and not recommended) given your son denies the offence.
I'm sorry I don't have more positive advice in terms of what you can do, but our advice is generally to keep contacting the police for a resolution. Does A have a solicitor representing him? If so, they should be regularly contacting the police for information.
Turning 18
You asked about what would happen to A if he turned 18. There are a number of implications of doing so and you can read these in full in our Turning 18 legal guide, but I will summarise them for you below.
Turning 18 before court proceedings begin
If he turns 18 before the court proceedings start, then he will be treated as an adult in law. His case will start in the adult Magistrates Court and if he is convicted he will be given an adult sentence. However, it is always true that the judge or magistrates sentencing someone should bear in mind the age the person was at the time of the incident, when it comes to deciding on the severity of the sentence. And the delay that he has been through will also be taken into account.
Turning 18 between first appearance and conviction
If has his first court appearance while he is 17, but turns 18 before he is convicted (ie when he pleads guilty or is found guilty), then the following applies:
His case will start in the Youth Court, and the trial will take place there.
For sentence, the court has a decision of whether to send the case to the adult Magistrates Court or to stay in the Youth Court
He is likely to be given an adult sentence, but if his case remains in the Youth Court, the judge can use their discretion to give him a youth sentence.
Turning 18 between the conviction and sentence
If he turns 18 after he is convicted but before the sentence, he will be given a youth sentence.
Criminal Records
Whether you are convicted as a child or as an adult can have an impact on your criminal record.
Delays
Unfortunately, there is no time limit for how long an investigation can take and sometimes they drag on for years. We get a high number of enquiries from parents and carers who are despairing at the length of time their child has been investigated by the police. There are severe delays in the system which mean that cases, particularly cases concerning sexual offences, are taking a long time to conclude. It can be an incredibly stressful time for the child and their family.
The outcomes of the investigation are either that there will be No Further Action, it could be charged to court or he could be given an Out of Court Disposal such as a Youth Caution or a Youth Conditional Caution. The final option is unlikely (and not recommended) given your son denies the offence.
I'm sorry I don't have more positive advice in terms of what you can do, but our advice is generally to keep contacting the police for a resolution. Does A have a solicitor representing him? If so, they should be regularly contacting the police for information.
Turning 18
You asked about what would happen to A if he turned 18. There are a number of implications of doing so and you can read these in full in our Turning 18 legal guide, but I will summarise them for you below.
Turning 18 before court proceedings begin
If he turns 18 before the court proceedings start, then he will be treated as an adult in law. His case will start in the adult Magistrates Court and if he is convicted he will be given an adult sentence. However, it is always true that the judge or magistrates sentencing someone should bear in mind the age the person was at the time of the incident, when it comes to deciding on the severity of the sentence. And the delay that he has been through will also be taken into account.
Turning 18 between first appearance and conviction
If has his first court appearance while he is 17, but turns 18 before he is convicted (ie when he pleads guilty or is found guilty), then the following applies:
His case will start in the Youth Court, and the trial will take place there.
For sentence, the court has a decision of whether to send the case to the adult Magistrates Court or to stay in the Youth Court
He is likely to be given an adult sentence, but if his case remains in the Youth Court, the judge can use their discretion to give him a youth sentence.
Turning 18 between the conviction and sentence
If he turns 18 after he is convicted but before the sentence, he will be given a youth sentence.
Criminal Records
Whether you are convicted as a child or as an adult can have an impact on your criminal record.