Youth offender case overview and process

Youth offender cases in the Youth Court 

If a person below 18 years of age is arrested or summoned to attend court for a crime, he or she will usually be charged in the Youth Courts.

In exceptional cases, a youth offender may be charged in courts other than the Youth Courts if:

• The youth offender is charged with an offence that is only heard by the General Division of the High Court.
• The youth offender is jointly charged with an adult offender.

A youth offender's parents or guardian must attend all court hearings with the youth offender, unless the court orders otherwise. For a youth offender who does not have a lawyer, the youth offender's parents or guardian can help to conduct the youth offender's defence.

The Youth Courts may offer bail for youth offenders so they can stay out of remand during the court process.

Rules that apply to youth offender cases 

In the Youth Courts, there are special rules to protect youth offenders:

• Youth offenders are not labelled criminals. The Youth Courts do not use the term "conviction". Youth offenders are "found guilty".
• Punishments are called "dispositional orders" instead of "sentences".
• Youth offenders are not exposed to adult criminals, from the point of arrest up to trial.
• The Youth Courts protect youth offenders from public view. All youth arrest hearings are closed to the public. Only persons who are authorised by the court can be present. Information related to the hearing that may reveal the youth offender’s identity must not be published.

Youth offence court process

An overview of key steps that occur when a child or young person is arrested and charged in the Youth Courts:

1. Child or young person is arrested by the police

If police bail is granted, the child or young person and his or her parents or guardian will appear before the Youth Courts on a given date.

If no police bail is granted, the police will bring the child or young person to the Youth Courts within 48 hours of the arrest.

2. Child or young person attends one or more hearings

There are 3 possible outcomes:

• Child or young person pleads guilty (admits to the offence).
• Child or young person is found guilty through a trial.
• Child or young person is found not guilty through a trial. He or she goes free.

Find out what happens at Youth Court hearings.

3. Court decides on the dispositional orders

The court will determine the appropriate orders, called dispositional orders. Before making the decision, the judge may call for a probation suitability report and discuss the case with a probation officer and two panel advisers. In certain cases, the judge may call for a case conference before deciding on the orders.

Find out about the types of dispositional orders.

4. Court monitors the youth offender's progress

The court will monitor the youth offender's progress through review reports by a probation officer from the Ministry of Social and Family Development or a progress presentation review. 

Find out what happens if the child or young person disobeys a dispositional order.

Under Youth Court Therapeutic Justice Model (YC TJ Model)

Therapeutic Justice (TJ) in youth offender cases

Consistent with restorative justice principles, the Youth Courts focus on rehabilitating, reforming and reintegrating the youth offender back to his or her family and society. TJ complements these principles through its emphasis on problem solving that identifies and resolves underlying issues in collaboration with all participants in the youth justice eco-system, and by supporting therapeutic interventions for the youth offender and his or her family, where relevant and possible. Both restorative justice and TJ seek to repair and restore relationships and provide the youth offender and society with better long-term outcomes aimed at reducing the likelihood of recidivism. Various initiatives in the YC TJ Model to facilitate these aims include the Visionary Map and written Promise for Change, Care Conferences and the School Reintegration Network.  

Visionary Map and written Promise for Change

The Visionary Map presents a youth offender and/or his or her parents or guardian with a series of guided questions to encourage deeper reflection on the youth offender’s past doings and, more significantly, provide insights for the youth offender’s future after the Youth Court proceedings.

The written Promise for Change is a voluntary, post-order statement made by the youth offender to affirm his or her commitment to positive change and rehabilitation. In the written Promise for Change, the youth offender will be encouraged to make specific, measurable commitments, and translate his or her insights from the Visionary Map into a concrete action plan for change. It serves as a source of moral suasion, expressed in the youth offender’s own words, to take responsibility for and follow through with, concrete action towards expressed goals. It may be read out by the youth offender before the Youth Court judge, the court family specialist from FJC’s Counselling and Psychological Services, and/or the youth offender’s parents or guardian, teachers, or family members.

The written Promise for Change also has a therapeutic purpose: it serves to anchor the youth offender to his or her intended vision and pave milestones that can be reinforced through future court reviews (if directed), as the youth offender progresses with his or her action plan for change.  

Care Conferences

Care Conferences may be conducted for selected cases where it is assessed that the youth offender and/or his or her family may have higher therapeutic needs, or for complex cases which require a coordinated intervention plan to support the youth offender and his or her family. The Care Conference will be facilitated by the court family specialist from FJC’s Counselling and Psychological Services (CAPS).

Care Conferences may assist the parents or guardian of a youth offender come to terms with the proceedings against the youth offender and gain insights on how to improve parental supervision while the youth offender is on bail. Care Conferences also provide an opportunity to help the parents or guardian of a youth offender process issues and emotions after the youth offender is found guilty of an offence, and promote a supportive relationship with the youth offender. The court family specialist may also triage and refer the parents or guardian for social services if further follow up is needed.

School Reintegration Network (SRN)

Resources