Children and the law | Committing a crime

Children Under 10 and Criminal Law

In England and Wales, children under the age of 10 cannot be arrested or charged with a criminal offence. This is because the age of criminal responsibility is 10. However, children under 10 can still face consequences if they break the law or behave in a way that causes serious concern.

Children under 10 are treated differently from young people aged 10 to 17 and from adults. The focus is usually on safeguarding, support, supervision and preventing further problems, rather than criminal prosecution.

Local Child Curfew

A local child curfew can prevent a child under 10 from being in a public place during specified hours unless they are with a responsible adult. This is usually aimed at protecting the child and reducing the risk of further incidents.

A curfew can last for up to 90 days. If the child does not comply with the curfew, further action may be considered, including a child safety order.

Child Safety Order

A child safety order can be made where a child under 10 has committed an act that would be an offence if they were old enough to be criminally responsible, or where there are concerns about behaviour that may lead to offending.

A child safety order places the child under the supervision of a youth offending team or local youth justice service. The aim is to work with the child and family, address the causes of the behaviour and reduce the risk of further incidents.

A child safety order can last for up to 12 months. If a child remains at serious risk or regularly breaks the law, other safeguarding steps may be considered, and in some cases the child may be taken into care.

Youth Offending Teams

Youth offending teams work with children and young people who are involved in, or at risk of becoming involved in, offending. They are part of the local authority and usually include professionals from youth justice, social care, education, health and the police.

They can also support children and families where a child has to attend a police station, court or youth justice meeting.

Children Aged 10 to 17

Children aged 10 to 17 can be arrested and charged with criminal offences. If they are charged, they will usually appear in the youth court, which deals with young people separately from adults.

The youth court has different procedures and sentencing options from the adult criminal courts. The focus is often on rehabilitation, prevention of further offending and the welfare of the child, although serious offences can still result in custody.

Young Adults Aged 18 and Over

Once a person reaches 18, they are generally treated as an adult in the criminal justice system. If a young adult receives a custodial sentence, where they are held will depend on their age, sentence and circumstances.

Scotland and Northern Ireland

The rules on children and criminal responsibility are different in Scotland and Northern Ireland. If the issue relates to Scotland or Northern Ireland, local legal advice should be obtained.

Find a Criminal Law Solicitor

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