The age of criminal responsibility in Northern Ireland is 10 years old, which means that from age 10 you can be charged with criminal offences and brought before a court.

The Youth Justice Agency, the Probation Board, Police Service of Northern Ireland (PSNI) and the Court Service all have a role to play in the Youth Justice System which currently deals with cases involving 10-17 year olds (inclusive).

The rights below are in relation to what are called non-scheduled offences.

For scheduled offences some special rules apply and advice should be sought from your solicitor.

Scheduled offences can be offences related to terrorism, but can also include some other serious offences such as violence, serious assault or arson.

QUESTIONING

You have the right to have an appropriate adult present during questioning by the police.

AND

You have the right to request your solicitor to be present.

AND

You have the right to have your parents/carers informed about your arrest.

AND

You have the right to an interpreter.

PRE COURT DISPOSALS

There are a number of ways in which your case could be dealt with before any court proceedings are issued.

Restorative Caution

The police can give you a Restorative Caution.  This means that a meeting will be held with you, your parents/carers, the police and sometimes the victim and members of the community.

The police must be satisfied that there is enough evidence available, you must admit the offence and you must fully consent to the caution being given. A Restorative Caution is put on your criminal record for 2 1/2 years.

Informed Warning

The police can give you an Informed Warning.  To receive an Informed Warning you must freely admit the offence and you must fully consent to the warning being given.  An Informed Warning is recorded on your criminal record for 12 months.

Diversionary Youth Conference

A Diversionary Youth Conference can be requested by the Director of the Public Prosecution Service (PPS) before your case goes to court.  The PPS will write to you offering you a Diversionary Youth Conference if you admit your guilt and consent to attending the conference.

Your solicitor can attend with you. 

The conference can decide;

A  that no further action should be taken against you,

B  that court proceedings should be started against you;

C  that you should be subject to a youth conference plan.

A Diversionary Youth Conference Plan is not recorded as a conviction on your criminal record.

COURT

You should always get a solicitor to represent you.  You do this by making an appointment to see the solicitor.

You have the right to obtain legal aid.

You have the right to have the charges explained to you in a way, which you understand.

This should be in clear and simple language.  If there is something which you do not understand always ask your probation officer/solicitor/social worker.

Always make sure that you have told your solicitor everything which you think might be relevant to your case.

Sometimes a Pre-Sentence Report (PSR) will be ordered by the Youth Court.  A PSR will contain information about reasons for offending, the risk of further offending, the risk of harm to others and your needs.  To prepare a report the probation officer speaks to your parents/carers and other people involved in your life such as your teacher, youth worker or social worker.

You have the right to read or have read to you any reports, which are put into court about you, which are about your character and conduct.

WHICH COURT?

Usually, your case will be heard in a Youth Court but sometimes, if you have committed a serious offence, your case can be heard either in the Crown Court or in the Youth Court.  If your case is heard in the Crown Court special measures will apply.  Your solicitor will discuss this will you.

BAIL

You have the right to be granted bail unless the court considers that you should be remanded in custody to protect the public and the offence you have committed is a violent or sexual offence;

OR

the offence you have committed is one where if an adult had been convicted the sentence would have been 14 years or more imprisonment i.e. a very serious offence.

OR

you are on bail for another offence at the time of  committing the new offence.

If you are granted bail there may be conditions attached to it.

REMANDS

If the court decides that you are to be remanded in custody, the magistrate must give reasons in open court for doing this.

Usually, you will be remaded to the Juvenile Justice Centre in Rathgael, Bangor.

If you are over 15 and male and the court thinks that you are likely to injure yourself or others you can be remanded to the Young Offenders Centre at Hydebank.

COURT DISPOSALS

This means the ways that the court can deal with your case.  There are many different ways a court can deal with your case.  These are listed as follows:

A Juvenile Justice Centre Order

This is an order, which means you will normally spend 3 months in the Juvenile Justice Centre and 3 months supervised in the community by your probation officer.  Sometimes these orders can be for a longer period of time (up to two years).

If you breach the supervision requirements of one of these orders your case will be referred back to court and the court can impose a fine or give you a further period of detention in the Juvenile Justice Centre.

Custody Care Order

This means that you will have to go to an Attendance Centre.  The total number of hours to be spent at the Attendance Centre can be from 12 to 24 hours.  These hours should not interfere with school.

Community Service Order

If you are over 16 and you consent, you could be given a Community Service Order for an offence, which is punishable by detention or imprisonment.  This would mean you would be required to undertake unpaid community work for at least 40 and no more tan 240 hours.

Probation Order

A Probation Order can be made in relation to anyone over the age of 10.  If you are over 14 you must give your consent to the order being made.

Combination Order

This order can be made if you are aged 16 or over.  It includes a Probation Order and a Community Service Order.  The Probation Order must be for not less than 12 months and not more than 3 years.  The community service hours must be not less than 40 and not more than 100 hours.

Court Ordered Youth Conference

Youth Conferences have been introduced by the Justice (NI) Act 2002 and a Youth Conference Service (YCS) has been set up.

The court can order that a Youth Conference should take place after you have pleaded guilty or been found guilty of an offence.

The YCS will organise a meeting between yourself and everyone affected by your crime including the victim (if they want) to try and agree an action plan which aims to meet the needs of the victim and prevent further crime.

The action plan can be up to 12 months long.

If you breach the terms of a Youth Conference Order your case will be referred back to court.

Reparation Orders

Since the 18th December 2003, the court can also make a Reparation Order which means that you have to make "reparation" i.e. make good the damage you have done.  These orders can require you to work for up to 24 hours in total.

Community Responsibility Orders

Since the 18th December 2003, the court can make a Community Responsibility Order which requires you to attend a specific place where you will receive instruction in citizenship.  This means that you will be taught about personal and social responsibility and about the impact of crime on victims.

You will also have to carry out the number of hours work specified in the order - the total number of hours should be not less than 20 and not more than 40 hours.

Breach

If you breach the terms of any of the non custodial orders your case will be referred back to court.

Absolute or Conditional Discharge

You can be discharged absolutely or you can be discharged on the condition that you stay out of trouble for any length of time between 6 months and 3 years.  If you commit another offence during this time the court can look at your old offence as well as the new one.

Fines

The court can fine you, but there are limits on the amount you can be fined according to your age.

Deferment

The magistrate can defer sentence for up to 6 mths. If you stay out of trouble the magistrate may take a better view of your case.

Anti Social Behaviour Orders

Anti Social Behaviour Orders were introduced in Northern Ireland in August 2004.

These are civil orders which can be made against children and young people from the age of 10 upwards.

They can be made against you on the grounds that you have acted in a way, which causes or is likely to cause harassment, alarm or distress to someone.

An order can also be made when you are convicted of certain criminal offences.

The order lasts for at least 2 years.

If you breach an anti social behaviour order the court can find you or place you in custody for up to 5 years.

Always ask a solicitor to represent you if an anti social behaviour order is being made against you.

If you have any questions you can contact The Children’s Law Centre, details overleaf.

This leaflet is intended as a guide only.  If you have any further questions or require more detailed information please contact the Children's Law Centre.

CHALKY FREEPHONE 0808 808 5678.
Freepost ‘CHALKY’ BEL3837
BELFAST
BT15 1BT

Email:chalky@childrenslawcentre.org

ALWAYS GET LEGAL ADVICE FROM YOUR SOLICITOR.

USEFUL NUMBERS

Advice and Information

Include Youth

Alpha House

3 Rosemary Street

Belfast

BT1 1QA

Tel: 028 9031 1007

CAJ

45-47 Donegall Street

Belfast

BT1 2FG

Tel: 028 90961122

NIACRO

169 Ormeau Road

BT7 1SQ

Tel: 028 90320157

Other Contacts

Juvenile Justice Centre for NI

School Avenue

Bangor BT19 1TB

Tel: 028 91272244

Youth Conference Service

41-43 Waring Street

Belfast BT1 2DY

Tel: 028 90316418

Youth Justice Agency

Level 3

41-43 Waring Street

Belfast BT1 2DY

Tel: 028 90316400

Probation Board for Northern Ireland

80-90 North Street

Belfast BT1 1LD

Tel: 028 90262437