Guidance

Future of criminal courts for children: Terms of Reference

Published 18 May 2026

Applies to England and Wales

Purpose    

To take a fundamental look at the function and purpose of criminal courts for child defendants and identify options for longer-term reform.   

Context

The vast majority of child defendants are dealt with in the youth court although smaller numbers will also experience the magistrates’ court, the Crown Court and the Court of Appeal. The youth court was established in 1992 as a specialist court in recognition of the specific needs of children and the defining statutory aims of the youth justice system which are distinct from those which apply to the adult criminal justice system.  

Yet the youth court - and the way in which our criminal courts system as whole deals with children - has changed very little during the last 30 years. In comparison, the cohort of children brought before the court has reduced in volume whilst increasing in the proportion of more serious, violent crime, often associated with complex underlying needs and vulnerabilities.  Long-standing patterns of inequality also continue to shape the experiences and outcomes of children in our criminal courts.  

This Government is taking immediate steps to modernise the youth court, with plans to pilot new Intensive Supervision Courts for children and to introduce specialist training for lawyers representing children.  However, it recognises that more radical change may be needed to deliver a system that supports children to turn their lives around and cuts crime. 

The Ministry of Justice has therefore appointed an Expert Adviser to examine how the criminal courts system deals with child defendants and to consider the merits of longer-term reform.  The Expert Adviser will be supported by an independent panel of experts drawn from a range of backgrounds to provide further advice and expertise.

Scope   

The Expert Adviser will examine existing practice and gather evidence to make an assessment of the following:  

• whether the existing structure and practices of the criminal courts is supporting children to turn their lives around and preventing crime.
• the current end-to-end pathway for child defendants in our criminal courts, including consideration of the suitability of existing settings (youth court, magistrates’ court, Crown Court, Court of Appeal).
• children’s interaction with, and experience of, the criminal court system and the professionals within it, with particular focus on overrepresented groups (children from ethnic minority backgrounds, children with special educational needs or disabilities, additional learning needs, and care experienced children).
• how court experiences and court outcomes are linked to children’s reoffending.
• what can be learned from approaches in other jurisdictions and international comparators.
• the merits of more clearly separating the youth and adult sentencing frameworks, how this might best be achieved through legislation, its feasibility, and whether this would necessitate further changes beyond strictly sentencing, e.g. release, recall and custody arrangements.
• whether there is merit in other cohorts (particularly vulnerable adults, and young adults up to the age of 25) being subject to a different process in our criminal court system, either the same as (or similar to) children.

Based on the findings, the Expert Adviser will make recommendations on longer-term options for reforming the way in which children are dealt with by the criminal courts.   

As part of this work, relevant partners across the Youth Justice System will be consulted and engaged to ensure any subsequent recommendations are both operationally viable and consider other ongoing or planned work.  The different roles and responsibilities of the executive and the independent judiciary in relation to the criminal courts will be respected.  

The options and recommendations provided should take account of the likely operational and financial context at the time that they may be considered and implemented.  

Reporting

This work will be led by David Ormerod.  He will be supported by a panel of experts (to be confirmed) as well as a dedicated Secretariat drawn from Ministry of Justice staff.

The Expert Adviser will commence the work in June 2026 and will report their findings in full by August 2027.