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If a young person pleads not guilty, a date will be set for the trial when the magistrates will hear all the evidence and decide whether or not the young person is guilty. If the decision is guilty, they will then decide on the most appropriate sentence. If the case is very serious, the youth court will send the case to the Crown Court for trial and/or sentence.

Youth Court

Adult magistrates' courts can only undertake trials and sentence people for offences for which the maximum penalty is six months in prison. Magistrates' courts deal mainly with cases involving people over the age of 18. They can deal with young people, but only if they are being tried with an adult.

The youth court is a section of the magistrates' court and can be located in the same building. It deals with almost all cases involving young people under the age of 18. This section of the magistrates' court is served by youth panel magistrates and district judges. They have the power to give Detention and Training Orders of up to 24 months, as well as a range of sentences in the community.

Youth courts are less formal than magistrates' courts, are more open and engage more with the young person appearing in court and their family. Youth courts are essentially private places and members of the public are not allowed in. The victim(s) of the crime, however, has/have the opportunity to attend the hearings of the court if they want to, but they must make a request to the court if they wish to do so. The needs and wishes of victims will always be considered by the court and, through the youth offending team (YOT), they often have the opportunity to have an input into the sentencing process.

What is the role of a magistrate?

Magistrates are members of the local community and as such have knowledge of the local area and services. They volunteer to be magistrates. They are trained to:

• administer justice
• decide on questions of law, practice and procedure
• sentence young offenders in line with legislation and the Human Rights Act, alongside the welfare of the child.

Magistrates usually sit as a panel of three with one acting as the chair who has responsibility for addressing the court.

What is the role of a district judge?

District judges are members of the legal profession who act as judges in magistrates' courts. They are paid for doing this. They sit in place of magistrates and often hear longer, more complex cases. Their role is the same as a magistrate.

What is the role of a justices' clerk?

The justices' clerk gives legal advice to the magistrates and is responsible for the smooth running of the court. They record the results of cases and assist people who do not have a representative to present their case.

What is the role of the Crown Prosecution Service (CPS)?

The CPS presents the case against the young person appearing in court. It is their job to present all the facts to the magistrate so that they can make a decision. It is their job to work closely with the police to gather all the available evidence to make the strongest case.

What is the role of a defence solicitor?

A defence solicitor represents the young person appearing in court and acts independently, in their best interests. The young person appearing in court is the person they are working for, not their parents or other professionals. They take instructions from the young person and provide them with legal advice on the charge, procedure and plea (guilty or not guilty). They also speak for the young person in the court.

All young people appearing in court are entitled to be represented by a solicitor. The solicitor can be one chosen by the young person or the duty solicitor. Legal aid is available to pay for these services.

Crown Court

Crown Courts deal with both adults and young people. The role of the Crown Court is to deal with the most serious criminal matters. These include:

• cases which are sent to the Crown Court from magistrates' courts or youth courts due to the seriousness of the offence – some offences, called 'indictable only', can only be tried in Crown Courts
• cases which are sent to the Crown Court because the offence for which the young person is being tried can be heard either in a magistrates' court or Crown Court
• cases which are sent to the Crown Court from magistrates' courts or youth courts for sentencing
• appeals against sentences given in magistrates' courts or youth courts.

Crown Court circuit judges and recorders hear trials and appeals and make decisions on sentences in Crown Courts.