Youth Offending - Frequently Asked Questions
What is a Youth in The Criminal Justice System?
A youth is any person under the age of 18 years old. Because of their age they are regarded as vulnerable suspects and/or defendants and therefore there are special rules and procedures in place that apply.
If
I Speak to a Lawyer Will They Inform My Parents?
It is very difficult to come to terms with being accused of a sexual offence. Please be assured there are many services out there to provide advice and support to youths facing allegations. Our lawyers have undergone additional training when representing youths and we will be happy to speak with a person of any age regarding an alleged offence and signpost them to any external services that may help. Our advice is highly confidential, this means we cannot inform anyone of our private discussions without your consent, even your parents.
Will I go to Prison?
Sexual offences can carry terms of imprisonment, even for youths. However, the courts must apply a different approach when sentencing a youth than the approach that apply to an adult. Sentencing can be a very intricate and difficult process with many factors that play a part, what one offender may be sentenced to for an offence could differ from another and it is therefore important you seek advice from a lawyer who is able to take into account your personal circumstances, the facts of the case and any external influences that could affect the sentence.
I Can’t Live At Home Because of Allegations Made Against Me - What Should I Do?
Some suspects are placed on bail, a condition of their bail may be to live and sleep at a certain address or, to not reside in the same household as a child under the age of 18 years old. This can in turn break up families on a temporary basis whilst the police investigation is underway. For some youth suspects they may move to live with another parent, grandparent or friend. However, it is important for anyone under investigation to know that bail conditions can be challenged and are not always necessary. We have many clients who are subject to unfair and potentially unlawful conditions which we regularly challenge firstly with the police and then where necessary the courts. Whilst we cannot end an investigation just by becoming involved in a case we can work to make the process as tolerable as possible and this can mean having conditions removed or amended to help families continue as normal a life as possible during the process.
I Have Been Suspended From School, Will I Be Able To Return?
Sometimes an allegation can be made by a person that attends the same school, college or university as you, this can create difficulties during an investigation as the school can a most often always will become involved. If an allegation of a sexual offences arises at a child’s school they are likely to report this to the local authority designated office, and social services may initiate a s.17 (child in need) or s47(significant harm) investigation under the Children Act 1989. The police are also likely to be notified.
We often work with schools, colleges and universities on behalf of our clients to come to suitable arrangements so that studies are not affected. In some circumstances the school or university may carry out an internal investigation and want to interview people including the accused as part of this. Again, we would strongly advise that before any interview you seek specialists advice as any information you provide could be passed to the police and be used in the criminal investigation. Any interview you choose to attend our specialist lawyers will accompany you. Each case is different but we will work with you to ensure your education and learning is not impacted by an investigation. See our School/College Investigation
page for more information.
I Sent a Naked Image To My Girlfriend, Her Parent's Have Informed The Police What Will Happen?
“Sexting” between two youths of similar age is rarely prosecuted, in circumstances where images are exchanged between youths consensually. The aim of the
Sexual Offences Act 2003
and the laws specifically concerning indecent image offences, is to protect children and it is not aimed criminalise them.
Issues can arise for young people when images are shared without the other person’s consent. The recipient of the images may not have requested or forwarded the images, however they can still be caught out by the law and relevant offences.
How We Can Help
Being accused of a criminal offence is frightening, even more so when you are a child and you have no experience of the criminal justice system or the laws in place. It is important you seek advice, being compliant and accepting an offence that you may not be guilty of can impact your future significantly. We can help support and guide you through an investigation or court proceedings, and our communications with you are strictly confidential, regardless of your age.
You can speak to our lawyers by completing an enquiry form on our contact us
page, by calling our office on 0161 706 0602
or we offer a What's App service, where you can send a message to one of our lawyers and they will respond back arranging a convenient time to call you 07949630143.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
Falsely accused of a sexual or domestic offence? Our team answer some frequently asked questions.
Social media is increasing the risk of unintentional viewing of illegal material, leading to arrests and convictions.
