Overall, the trend has been from punishments (often very severe) to sentencing aimed at rehabilitation of offenders taking into account the lack of maturity of young people.
In England and Wales the age of criminal responsibility is set at 10 years. This has applied since 1963 and continues to be a point of controversy. It is discussed in the latest government White Paper - Cutting Youth Crime. Changing Young Lives. (The age in Scotland is now 12 - see HERE).
When a child (10 - under 14) or young person (14 - under 18) is charged with a criminal offence the case will first go to the Youth Court and the vast majority of cases are decided there.
Murder (and a few other offences) must always be tried in the Crown Court.
In other serious cases, an allocation decision may be required to decide whether trial in Crown Court is more appropriate. The system leans in favour of the Youth Court which, although serious, is less formal. It is also possible for a serious case to be tried in the Youth Court and, in the event of conviction, sent to Crown Court for sentencing.
Sentencing has regard to the principal aim of the youth justice system (to prevent offending). and also to the welfare of the child or young person.
The Sentencing Council's document - Sentencing Youths – Overarching Principles - states that - 'The seriousness of the offence is the starting point but the approach to sentencing should
be individualistic and focused on the child or young person, as opposed to offence focused. For a
child or young person the sentence should focus on rehabilitation where possible.'
Very serious offences:
Particularly serious cases arise from time-to-time. A recent example is - Starmer 'appalled' by case of boys spared jail after raping teenage girls - BBC News (24 May 2026) and Girl raped by boys spared jail tells BBC judge's decision was like 'rock in my face' - BBC News. The Attorney General has referred the non-custodial sentences imposed in the latter case to the Court of Appeal (Criminal Division). The outcome is awaited.
The legislative detail relating to sentencing is now in the Sentencing Act 2020. The Sentencing Council has published Overarching Principles for sentencing and provides guidelines for specific offences.
An imaginary case:
Suppose that J, an imaginary 16 year old male) is convicted of an offence punishable with 14 years imprisonment or more for an adult - e.g. rape - Sexual Offences Act 2003 section 1. The imaginary victim K is a female age 14.
J went before the Youth Court which decided that the case should go to Crown Court because there was a real prospect that a sentence in excess of 2 years detention would be imposed. J stood trial and was convicted. He now appears before the trial judge for sentence. The judge has the benefit of a pre-sentence report plus a victim statement. What sentencing options does the judge have?
1) A Youth Rehabilitation Order (YRO)
The Sentencing Act 2020 deals with YRO at sections 173 to 199.
Section 173 defines YRO. Next, section 174 provides a whole list of possible requirements that can be included in a YRO. One possibility is a YRO with intensive supervision and surveillance - section 175. This is an order with (a) an extended activity requirement (Schedule 6 para 2), (b) a supervision requirement, and (c) a curfew requirement.
2) A Detention and Training Order (DTTO)
The Sentencing Act 2020 deals with DTTO sections 233 to 248.
Section 233 defines DTTO - a period of detention and training followed by a period of supervision.
Section 236 deals with the length of DTTO. Section 241 covers the period of detention and training and section 242 covers the period of supervision.
3) Section 250
The Sentencing Act 2020 section 249 makes available a sentence under section 250 but this is only available for certain offences including an offence punishable with 14 years imprisonment or more in the case of a person of age 21 or over.
By section 251 this form of detention may be imposed if the court is of the opinion that neither a youth rehabilitation order nor a detention and training order is suitable. Section 252 deals with the maximum sentence.
(Note that there are various other provisions but these need not concern us here).
The judge must now decide and, in doing so, must consider - Sentencing Youths – Overarching Principles - and offence specific guidelines. ALL factors must be weighed in the balance. Here is the guidance for sentencing for Sexual offences – Sentencing children and young people.
The first step is to assess the seriousness of the offence. This assessment is made by considering the nature of the offence and any aggravating and mitigating factors relating to the offence itself. The fact that a sentence threshold is crossed does not necessarily mean that such a should be imposed.
Essentially, the guidance points the judge toward an intensive YRO but a custodial sentence may be available if, for example, there are aggravating features (e.g. use of a weapon such as a knife). Aggravating features have to be balanced against mitigation - see the list in the guidance. The impact on the victim should be taken into account.
Regarding custodial sentences, the guidance states -
'If a custodial sentence is imposed, the court must state its reasons for being satisfied that the offence is so serious that no other sanction would be appropriate and, in particular, why a YRO with ISS or fostering could not be justified.
Where a custodial sentence is unavoidable the length of custody imposed must be the shortest commensurate with the seriousness of the offence. The court may want to consider the equivalent adult guideline in order to determine the appropriate length of the sentence.
If considering the adult guideline, the court may feel it appropriate to apply a sentence broadly within the region of half to two thirds of the appropriate adult sentence for those aged 15 – 17 and allow a greater reduction for those aged under 15. This is only a rough guide and must not be applied mechanistically. The individual factors relating to the offence and the child or young person are of the greatest importance and may present good reason to impose a sentence outside of this range.
Broadly, that is the sentencing exercise to be conducted. There can be good reason to opt for the YRO given the possible range of requirements that can be imposed but, for the most serious of cases, detention is a distinct possibility.
Sentencing is never a mechanistic process and is not an easy exercise.
An unfortunate phrase:
The Overarching principles document states at para 1.4 - 'It is important to avoid “criminalising” children and young people unnecessarily; the primary
purpose of the youth justice system is to encourage children and young people to take
responsibility for their own actions and promote re-integration into society rather than to
punish ..... '
A child or young person who commits an offence is, by that very fact, then "criminalised." I think use of the word when sentencing is unfortunate. It seems preferable to point out the primary purpose of the youth justice system and explain in everyday language why a particular sentence has been imposed.
Is the law adequate:
Public confidence in the law is crucial. A key purpose of law is maintenance of public safety. Victims of crime - even crimes committed by the young - have a right to feel that sentences contain an element of punishment as well as seeking to rehabilitate the offender.
Whether the sentencing framework is adequate for serious offences committed by the young is a matter that Parliament ought to address in a careful manner.
In May 2026, the government issued a White Paper - Cutting Youth Crime. Changing Young Lives.
Victims:
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