Children can find themselves engaging with the criminal justice system in a variety of ways. They may:

• Be witnesses to a crime and therefore required to give evidence
• Be the subject of the hearing such as in a custody hearing or adoption
• Be charged with a criminal offence themselves

Children as witnesses

Children are sometimes required to give evidence in criminal courts, either for crimes committed against them or for any crimes they have witnessed. This can be extremely intimidating and the child will need special arrangements to ensure that they are able to give their evidence as clearly and accurately as possible. Over the years significant strides have been made to support children who are witnesses to a crime.

Although for the child, giving evidence is something unusual and intimidating, it can be helpful to normalise the situation as much as possible and to emphasise to them that many children do so, and that they are not alone or bring singled out. It may also be important to emphasise that they are witnesses and not the accused. Even so, this responsibility can weigh heavily on children; particularly where they are required to give evidence against a parent or other close relative or friend.

There are 2 useful, age-appropriate guides which explain each step of the process, support and special measures that are available on the government website:

The guide for children aged 5-11 can be found here

The guide for children aged 12-17 can be found here

Children who are the subject of a court hearing

Relationship breakdowns are always difficult for those involved and this can be especially true for children and young people. The experience can be traumatising; particularly where the separation is acrimonious. It is important to support the child throughout the process, and that support needs to be individualised since each child’s experience, feelings, concerns and needs will be different.

The Children and Family Court Advisory Support Service (Cafcass) are there to help and support:Home – Cafcass – Children and Family Court Advisory and Support Service

The website provides information for:

• Children and young people
• Parents
• Professionals working with families

Children who are charged with a crime

Sometimes children commit crimes. Where appropriate, we try to avoid criminalising children unnecessarily, however, sometimes it is necessary to charge, try ad imprison children and young people. This raises many issues that need to be considered such as:

• The child’s ability to understand the crime (age of criminal responsibility)
• The child’s ability to understand and engage with the process
• How to ensure a fair and just trial
• The environment in which a convicted child should be detained
• Etc

The aim of the criminal justice system, particularly when dealing with children and young people in rehabilitation. This in itself can prevent challenges as demonstrated by the case against Robert Thompson and Jon Venables for the murder of Jamie Bulger. There are no simple and straightforward solutions to the many challenges, however, the Poice, the Crown Prosecution Service, Local Authorities and many others work together to seek to support those who have committed crimes in the most appropriate way possible.

More information about the Youth Justice System can be found at:

Youth crime | The Crown Prosecution Service (cps.gov.uk)

Standards for children in the youth justice system 2019 (accessible version) – GOV.UK (www.gov.uk)

Leicestershire Youth Offending Service | Leicestershire County Council