Whether a child you knows is facing criminal charges, or you committed a crime decades ago in youthful ignorance and dread receiving a letter from the police any day now, people in a wide variety of situations will want to know how the law treats children, both for crimes carried out in the past and in the present.
This article was written to provide further clarification on various topics, regarding time limits on charging people with criminal offences and the age constraints on criminal responsibility, to help provide a more conclusive picture on how children are treated by the criminal justice system.
How long after a crime is committed can you still be charged?
While some countries have a statute of limitations, this is not the case with most crimes in the UK. Summary only offences must be brought against the defendant within six months of the crime taking place, however these only include the least severe of crimes. This includes crimes like shoplifting, or criminal damage where the damage is under the value of £5000.
For indictable only offences which generally consist of more serious crimes, such as murder or sexual offence, there is no such time limit. However, if a long period of time has passed since the crime was committed, the Crown Prosecution Service (CPS) would need to consider if it’s in the best interest of the public to bring charges forward.
While this is the case with adults, things become more complex if the crime is committed by someone under the age of 10, and perhaps even more complex if the individual was between the ages of 10 and 17.
Age of criminal responsibility
In England and Wales, there is something called the age of criminal responsibility, which is 10 years old. A child who is under the age of 10 cannot be considered criminally responsible for their actions, and thus cannot be charged or arrested for a crime. If someone committed a crime under the age of 10 and any amount of time passes, they could not be charged for that crime at a later date.
Actions that can be taken against children who break the law
There are some actions that the police can take against children who break the law. These include the following:
Children under 10 years old
- Child safety order: A child safety order will result in a child being placed in the care of a local youth offending team. This will be for a period of between three and 12 months in duration.
- Local child curfew: A local child curfew can be applied for up to 90 day. It means that the child in question cannot be in public space between the hours of 9pm and 6am.
- Foster care: For children under the age of 10 who regularly break the law, the local authorities may decide that it’s appropriate to place the child in a foster home. This will involve court proceedings, and will not happen straight away.
Children between 10 and 17 years old
For children between the ages of 10 and 17, it’s a little more complex. They can be arrested and questioned by the police, however they must have an appropriate adult (such as a parent or guardian) present before the interview can take place.
Children at this age can be charged with crimes, however for the majority of offences, their case will be heard in a youth court rather than the Crown Court. For the most serious cases, such as murder and firearms offences, it’s possible that the case will be transferred to the Crown Court.
Identity protection
For children under the age of 18, there are a number of measures that are taken to protect their identity. Journalists are not permitted access to the trial, and their identity cannot be given to anyone outside of the court.
Once the court proceedings have ended, challenges can be made to that protection of anonymity. If those challenges are successful, the press will be allowed to publish details concerning the crime and the identity of the offender.
New identities
In certain cases, children who are imprisoned for severe crimes will be given a new identity, and a court order guaranteeing anonymity for life once they’re released.
Custodial arrangements for children
While children under the age of 10 years old cannot be charged with an offence or sent to prison, those between the ages of 10 and 17 years of age can. However, they will not be placed in the same institution as an adult offender.
The court is required to tailor the sentence to also have regard for the welfare of the child and to try to prevent the young person from offending again – this generally means a greater focus on rehabilitation.
So, can I be charged for a crime I committed as a child?
To answer the question directly as to whether you can be arrested for a crime you committed as a child, it depends. If you were under the age of 10 at the time of the alleged offence, then no, you could not have been charged at the time and cannot be charged at a later date.
If you were between 10 and 17 years of age, then it depends on the crime. For an offence as serious as murder, it’s likely that you could be charged. For an offence like shoplifting, if more than 6 months has passed then you cannot be charged.
For crimes which lay between those two extremes, then it depends on the circumstances, with the decision laying in the hands of the Crown Prosecution service.
If you have any doubts, it’s important that you seek legal assistance, so that you can have your doubts put to rest. If you do face criminal charges, then you will need a qualified legal team to help you fight your case. For further advice, call us on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR).
