After having committed an offence, there are two ways in which a young person can be brought to court. 

• Firstly, you may be held in police cells and brought to court on the next available day 
• Or, you may be released by the police and bailed to appear in court on a certain day  

It is important to remember that if you do not attend court when you have been bailed to do so, you can be charged with an additional offence so it is very important to attend court at the correct date and time.  If you fail to attend court on time this may well go against you in any future decision being made regarding bail. If you are not given bail you will be remanded into a custodial setting - a Youth Offender Institute or a secure children’s home.

In England and Wales, there are three levels of criminal courts - Crown Court, Magistrate's Court, and Youth Court. Young offenders are usually seen by the Youth Court, however if you are jointly charged with an adult, the Magistrates will have to decide whether you will be kept together, or if the adult should be dealt with separately in the Magistrate's Court. If the offence is serious enough, the Magistrates can choose to send the case to the Crown Court. The Crown Court has greater powers of sentencing. 

First steps

The first thing you should do when asked to appear in Court is to appoint a Solicitor, and legal aid is usually available if you are unable to pay their fees. If you still do not have a Solicitor at the time of your court hearing, you will be able to receive legal advice from the duty Solicitor but this may take some time. It is better for you if you discuss your case with your solicitor before you attend court.

On arriving at the court, you should inform the usher that you have arrived, as non or late attendance can be taken seriously and will usually result in a warrant for your arrest. You should arrive in good time for your appearance and you should either have at least one of your parents with you, or another adult - ideally a relative. If you do not have an adult with you, the court may re-arrange your case for a later date and send a summons for your parents to appear then. If your parents still don't attend, the court can issue a warrant for their arrest.

Who else will be in court?

When you attend court, you may need to speak to any or all of the following people:

• The usher - is the person who organises the day's schedule for the court, keeps a record of which solicitor is representing which defendant, and decides in which order the cases will be seen
• Court advisers - are legally qualified, and are on hand to explain points of law to the magistrates, and to help them make decisions about your case
• The prosecutor - is the solicitor who represents the Crown Prosecution Service and will usually speak first to tell the magistrates about your alleged offence. The prosecutor will read police and witness statements and will make the magistrates aware of your previous convictions, if any
• The defence - is the solicitor who is acting on your behalf. You will be able to speak to them before going into court, and it is important that you tell them everything so that they can respond to any questions or issues raised in the courtroom.
• The Youth Offending Service - has a representative in the Youth Court to advise the magistrates of any information that they have about you, and to inform the Court about your compliance with previous sentences and Orders. They will also ensure that you are aware of the requirements of any Orders made, and record the outcome of your case. 
• Magistrates - are people from the local community who have been asked to serve in court, and who will ultimately decide the outcome of your case. They are not lawyers, but have been specially trained for the role and have specific rules that they must follow when dealing with your case. Normally, there will be three magistrates, although there may sometimes only be two present.  

Pleading guilty - what you need to know

If you plead guilty in court, the magistrates will decide your sentence. This will range from an Absolute Discharge, which means that you have been found guilty but punishment would be inappropriate, to a referral order which means the court can deal with your case that day. The court may require a pre-sentence report which is written by the Youth Offending Team. The report will advise the court of your situation and will suggest an appropriate sentence such as, a Conditional Discharge, a fine, an Attendance Centre Order, or an Action Plan Order, supervision or an ISSP.  If your offence is more serious, the court may order a custodial sentence which means you will go to prison.  Prison for young people is either a Young Offender Institute or a Secure Children’s Home for younger and/or more vulnerable children.

Pleading not guilty - what you need to know

If you plead not guilty, the defence and the prosecution will probably ask for the case to be adjourned for a pre trial review so they can decide who they want to appear as witnesses at a trial. At the pre trial review, the actual date for your court case will be set and you will receive a letter telling you when you must come back to court.

On the day of your trial, the defence witnesses will be kept separate from the prosecution witnesses so they cannot talk about what happens in the court, and everyone who gives evidence will be asked to promise that they will tell the truth.

The prosecution will begin the trial by telling the magistrates what happened during the offence according to the police. They will question their witness and then the defence will also ask the witness their own questions. The magistrates can also ask the witness questions if they want to. Once the prosecution has finished with their witnesses and has 'laid their case', the defence will begin their case by calling their witnesses. 

Once this process has been completed, the magistrates will leave the court to discuss all of the evidence they have heard, and decide whether you are guilty or not guilty. The magistrates make their decision by ‘finding beyond reasonable doubt’ one way or the other. If you are found guilty, they will then decide on the best course of action to take in terms of punishment.

Contact us:

The Halton and Warrington Youth Offending Team has now moved from Grosvenor House to:

Halton and Warrington Youth Offending Team
Unit 10, Turnstone Business Park
Mulberry Avenue
Widnes
Cheshire
WA8 0WN

Telephone 0151 495 584 0 (there are 4 incoming lines. You can replace the last 0 with 1, 2 or 3)