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<p>The age of the young person at their first appearance in court determines whether
they are tried in the youth or adult court. The youth court does not have jurisdiction
where the defendant has turned 18 before making their first court appearance. However,
if the child has made their first court appearance and turns 18 during the proceedings
it is possible for their case to continue to be heard in a Youth Court. Throughout
court proceedings, consideration is given to the age - both chronological and developmental
- of the defendant, and measures exist to ensure that those who turn 18 before trial
are supported.</p><p>Where a child turns 18 after an offence is committed but before
conviction, they will be tried in adult court. Youth and maturity will continue to
inform sentencing decisions even after the offender turns 18 however, and the Sentencing
Council’s definitive guideline, Sentencing Children and Young People, states that
in these cases courts should use the sentence that would have been given at the time
the offence was committed as a starting point.</p><p>Younger children have very different
needs to young adults, and the special measures that exist in youth courts - such
as the right to anonymity - are intended to protect vulnerable children. That is why
they are not automatically available to defendants over the age of 18, regardless
of when the offence was committed. However, assistance (including the Registered Intermediaries
scheme) does exist to support adult defendants who are determined to be vulnerable.</p><p>We
are also working to clear the courts backlogs and reduce the number of children awaiting
trial. Significant work is being undertaken within HMCTS to carefully consider the
impact that Covid-19 has had on the youth court and to develop measures which reduce
the backlog while prioritising time-sensitive cases. The judiciary has also re-published
a note of listing in magistrates’ courts the during Covid-19 outbreak, where it highlights
the impact on the remand status of youth defendants (for example where delay might
mean a relevant age-threshold is crossed).</p><p>Youth courts are now running at near
to normal sitting patterns, and it is forecast that the outstanding caseload will
soon return to pre-Covid levels. Since 20 July 2020 courts have disposed of more youth
cases than they have received, reducing the number of outstanding youth cases week
on week.</p>
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