Resources for barristers practising in youth proceedings

Audience

These resources are for all barristers practising or planning to practise in youth justice proceedings, whether in a defence or prosecution role. This includes cases in youth courts and cases involving child defendants in adult courts.

These resources may also help others who want to understand the standards we expect from barristers in youth justice proceedings. Examples include judges, youth justice experts, aspiring barristers, training providers, and members of the public.

Purpose

We created these resources, which include our Youth Proceedings Competences and supporting information, to help barristers who practise or plan to practise in youth justice proceedings:

• Understand and meet the competence standards we expect in this specialist area.
• Meet their obligation to provide competent standards of work and service at all times, which includes keeping their knowledge and skills up to date (BSB Handbook Core Duty 7 and gC39).
• Identify and address targeted learning objectives in this area as part of their approach to meeting our continuing professional development (CPD) requirements and expectations.

Status

Our Youth Proceedings Competences specify the knowledge and skills barristers practising in youth justice proceedings should have. They build on some of the requirements of our broader Professional Statement.

As with the Professional Statement, our Youth Proceedings Competences do not define what barristers must do. This is the job of the BSB Handbook, which remains the sole point of reference for disciplinary matters. The Compulsory registration of youth court work section of these resources refers to some BSB Handbook requirements.

However, like the Professional Statement, our Youth Proceedings Competences may be used as an evidential point of reference when a complaint is raised regarding a potential breach of the BSB Handbook requirements for competent practice.

How we developed these resources

We developed these resources using information from research and engagement with youth justice experts, including barristers and judges. Ensuring the competence of barristers who practise in youth justice proceedings has been a priority since we published our Youth Proceedings Advocacy Review in 2015.

Speaking of the introduction of our Youth Proceedings Competences in 2017, Lord Carlile of Berriew CBE KC said:

“It is important that all those involved with our Youth Courts have access to a comprehensive resource explaining the standards expected of barristers in those Courts. This Youth Proceedings Competences document provides that resource.

I welcome the Youth Proceedings Competences and endorse it for all barristers currently practising in Youth Courts, and those contemplating doing so. This has been published by the Bar Standards Board to improve the standards of advocacy in Youth Court proceedings. They demonstrate a common-sense and workable way to tackle this very important problem within our justice system.

I commend the move towards more proportionate regulation in the Youth Courts, of which the publication of the Youth Proceedings Competences is the first step. The vulnerability of the young people involved and the opportunity to lessen the likelihood of reoffending into adulthood makes this work essential. Youth Court work is a specialism that requires knowledge, skills and attributes particular to this type of advocacy.

Having led the Parliamentary Inquiry into the Operation and Effectiveness of the Youth Court in 2014, I am pleased the Bar Standards Board is making improving standards of advocacy in the Youth Courts a priority and I commend this publication". 

Here are the specialist competence standards we expect all barristers practising in youth justice proceedings to meet.

Here is a list of specialist training and advice that may be helpful for barristers who practise or plan to practise in youth justice proceedings. The list is not exhaustive, and we do not accredit or oversee any of the courses or sources of advice mentioned.

• Advocacy for Children in Conflict with the Law (ACCL): The ACCL Course is run by the Inns of Court College of Advocacy (ICCA). It provides blended learning over two and a half days to help barristers provide the competent, high-quality standards children deserve in this specialist and uniquely challenging area. More information about the ACCL Course is available on the ICCA website and in the August 2024 edition of Counsel.
• Advocacy and the Vulnerable: The Advocacy and the Vulnerable Course was created to ensure that all advocates understand the key principles behind approaching and questioning vulnerable people in the justice system, including children. Several organisations, including the Inns of Court, facilitate the course.
• Trauma-Informed Advocacy: Trauma is common among children in the Youth Justice System and witnesses in youth proceedings. The ICCA’s Trauma-Informed Advocacy Course is designed to help advocates understand and mitigate trauma's impact on court witnesses. It takes three to four hours to complete and includes downloadable resources.
• Youth Justice Legal Centre (YJLC) Advice Line: Youth justice specialist lawyers run the YJLC Advice Line and provide advice and support to youth justice services, lawyers, and children.

Here is a list of resources that cover a range of issues in the Youth Justice System, which barristers who practise or plan to practise in this area may find helpful. The list is non-exhaustive. We are not responsible for and do not oversee any of the resources listed. 

• The Youth Court Bench Book. 
• The second chapter of the Equal Treatment Bench Book is about children, young people and vulnerable adults.
• The Criminal Procedure Rules and Criminal Practice Directions include sections on intermediaries, special measures, and sentencing.
• The Crown Prosecution Service has Prosecution Guidance on various issues, some of which are about children or relevant to them, such as the Children as suspects and defendants guidance and the Special measures guidance.
• The Youth Justice Board Standards for children in the youth justice system.
• The Youth Justice Board Resource Hub shares and signposts guidance, toolkits, legislation, evidence, reports, best practices, expert insights, and training and development opportunities.
• Barristers can also sign up to the Youth Justice Board’s YJBulletin.
• The Youth Justice Legal Centre has resources to help lawyers better represent children. Examples include legal guides and updates to help lawyers navigate the different rules, regimes, and principles across key youth justice areas.

Our Youth Proceedings Competences highlight the importance of maintaining an up-to-date understanding of the law and procedure in this specialist area.

The Youth Justice System differs significantly from the adult criminal justice system in its structure, objectives, and approach. For example, while the adult system focuses on punishment and deterrence, the Youth Justice System is underpinned by principles of rehabilitation and each child’s best interests.

These distinctions, and others, are reflected in key legal frameworks, procedural safeguards, sentencing principles, and legal protections under both domestic and international law.

Youth justice policy and law are also fast paced. Barristers practising in this area should stay informed about the latest developments in legislation, procedure, sentencing, guidance, and good practices.

Practical tips

Here are some practical tips that may help barristers practising or planning to practise in youth justice proceedings keep their knowledge of the law and procedure in this specialist area up to date:

• Reflect on your practice regularly to determine whether you need to update your knowledge of any areas of youth justice law, procedure, guidance, or good practice. Our Continuing Professional Development (CPD) Resources include information to help you reflect on your practice.
• Participate in specialist CPD, such as training run by the Youth Justice Legal Centre (YJLC) and Advocacy for Children in Conflict with the Law by the Inns of Court College of Advocacy.
• Regularly check key legal resources, such as those from the Sentencing Council, the Youth Justice Board (YJB), and the YJLC.
• Subscribe to legal newsletters and bulletins, such as the YJB's YJBulletin.
• Monitor recent case law and updates on relevant legislation using legal research tools such as Westlaw, LexisNexis, and Bailii. 
• Stay informed on procedural changes – watch for updates on topics like court procedures, pre-trial measures, and disclosure obligations specific to youth justice.
• Follow statutory and policy updates, such as those from the YJB and HM Courts & Tribunals Service.
• Develop relationships with youth justice specialists, such as youth offending teams, youth justice campaigners, legal academics, and solicitors, to stay informed on emerging issues and good practices.
• Engage with or create professional networks which focus on youth justice.
• Use social media strategically – follow legal experts, organisations, and barristers who specialise in youth justice for real-time insights.
• Observe youth justice hearings to see how changes are applied in practice.
• Engage with child-focused advocacy – learn from reports by charities such as Just for Kids Law.

Resources

Here is a list of resources that focus on specific aspects of law and procedure in the Youth Justice System, which barristers practising or planning to practise in this area may find helpful. The list is non-exhaustive. We are not responsible for and do not oversee any of the resources listed.

Diversion, out of court disposals and in the community court disposals.

• Case management guidance by the YJB.
• The Children as suspects and defendants guidance by the Crown Prosecution Service (CPS) includes a section on diversion and out of court disposals.
• The YJB’s Standards for children in the Youth Justice System includes sections on diversion, out of court disposals, and in the community court disposals.

Allocation of cases

• High Court: decision to send child to Crown Court is best made after trial by the YJLC.

Sentencing

• The Youth Court Bench Book includes information on sentencing and a range of orders that can be given to children, such as referral orders, youth rehabilitation orders, youth rehabilitation orders with fostering, and detention and training orders.
• The Sentencing children and young people guidelines by the Sentencing Council.
• The Overarching principles for sentencing youths by the Sentencing Council.
• The Children as suspects and defendants guidance by the CPS includes a section on sentencing. 
• The Restorative justice guidance by the CPS.
• Sentencing offenders with mental disorders, developmental disorders, or neurological impairments by the Sentencing Council.

Our Youth Proceedings Competences highlight the importance of understanding, identifying, and adapting to childrens' vulnerabilities, backgrounds, and needs.

All children in the Youth Justice System are vulnerable because of their age and stage of development. The law recognises that children are not ‘mini adults’. Their cognitive abilities, emotional regulation, and decision-making skills are still developing.

Moreover, many children in the Youth Justice System have additional vulnerabilities, needs, and background factors that can profoundly impact their interactions with legal processes, professionals, and outcomes.

Understanding, identifying, and adapting to each child's vulnerabilities, needs, and background is crucial to ensuring fair representation, enabling effective participation, and prioritising the best interests of each child—a fundamental principle of the Youth Justice System.

Practical tips

Here are some practical tips that may help barristers understand the vulnerabilities, needs, and backgrounds of children in the Youth Justice System.

• Complete specialist training to help understand and engage effectively with vulnerable children. The "Supporting information - specialist training and advice" section has examples of possible training courses.
• Stay up to date with research, reports, and guidance about common vulnerabilities, needs, backgrounds, and issues in the Youth Justice System. Some relevant resources are listed later in this section.
• Carefully read documents relating to a child’s vulnerabilities, background, needs, and circumstances, such as pre-sentence and background reports from youth offending teams.
• Identify if any important information about a child’s vulnerabilities, background, needs, and circumstances is missing.
• Engage with and get input from support organisations and youth justice experts, such as youth offending teams, teachers, social workers, and family members. The "Supporting information - awareness of key organisations" section has more information.
• Understand how to recognise the potential signs of specific vulnerabilities or needs and how those vulnerabilities or needs can impact children in the Youth Justice System.
• Be aware of potential signs of learning difficulties, special educational needs and disabilities (SEND), neurodiversity, and communication needs. These may affect a child’s ability to engage and process information.
• Consider available information about education history, such as a history of school exclusion, time in a Pupil Referral Unit (PRU), or poor attendance. These may indicate underlying needs, including behavioural challenges or trauma.
• Be aware of possible signs of trauma and adverse childhood experiences (ACEs), such as domestic abuse, neglect, and substance misuse in the home.
• Look out for possible signs of criminal exploitation, such as a reluctance to talk about topics, fearfulness, having expensive things, and evidence of involvement in county lines drug activity, serious violence, or gang-related offences.
• Consider care experience and social services involvement, which can increase vulnerability and affect trust in authority figures.
• Consider mental health history and be alert to possible signs of poor mental health, which may be undiagnosed. If a child appears disengaged, irritable, or highly anxious, they may need additional support.
• Be aware of racial and cultural factors – children from Black, Asian, and minoritised ethnic backgrounds are disproportionately represented in the Youth Justice System. This can impact their trust in it and how they engage with it.

Resources

Here are some resources about the vulnerabilities, needs, and backgrounds common among children in the Youth Justice System, which barristers practising or planning to practise in this area may find helpful. It is far from exhaustive: many factors can impact children in the Youth Justice System, and research in this area is rapidly evolving. We are not responsible for and do not oversee any of the resources listed.

Special Educational Needs and Disabilities (SEND):

An evidence-based plan for addressing childhood vulnerability, crime and justice from the Vulnerability and Policing Futures Research Centre indicates that 8 in 10 children in the Youth Justice System have SEND.

Care experience:

• Assessing the needs of sentenced children in the Youth Justice System by the Youth Justice Board and Ministry of Justice highlights that 45% of children sentenced in 2018/19 had care experience.
• The Vulnerability and Policing Futures Research Centre's Evidence-based plan for addressing childhood vulnerability, crime and justice indicates that approximately half of children in custody have been in care at some point.

Racial disproportionality and inequality:

• Racial disproportionality in violence affecting children and young people by the Youth Endowment Fund highlights that children from minoritised ethnic backgrounds, particularly Black children, are disproportionately represented in the Youth Justice System. Despite comprising 6% of the 10–17-year-old population, Black children accounted for 10% of arrests, 15% of stop and searches, and 24% of the monthly youth custody population in 2023/24.
• The Lammy Review makes important findings and recommendations to help address racial inequality in the criminal justice system.

Girls in the Youth Justice System:

• The MoJ recently published its Girls placement review report: Delivering the best for girls in custody.
• HM Inspectorate of Probation has specific information about girls in the Youth Justice System. 

Communication, learning, and health concerns:

Assessing the needs of sentenced children in the Youth Justice System by the Youth Justice Board and Ministry of Justice found that, in 2018/19:

• 71% of sentenced children had speech, language and communication concerns.
• 65% had learning concerns.
• 71% had mental health concerns.
• 47% had physical health concerns.
• 75% had substance misuse concerns.

Adversity and trauma:

Research by the Criminal Justice Inspectorate considers how adversity and trauma contribute to complex needs among children in the Youth Justice System.

Mental health:

HM Inspectorate of Probation has information about mental health needs among children in the Youth Justice System. It highlights the significance of identifying mental health needs at the earliest stages and linking children and their families with the necessary support to reduce recidivism.

This guidance from the UK government assists practitioners in identifying and meeting the needs of children, tailoring plans to individual circumstances, and supporting positive outcomes such as educational inclusion and desistance from offending.

Complex and unmet needs:

In 2021, the Youth Justice Board submitted evidence to Parliament highlighting the high levels of complex and unmet needs among children in the Youth Justice System and the need for a child-centred approach.

Criminal exploitation:

Children can be coerced into crime through county lines, drug networks, gang involvement, or older individuals exploiting them. HM Inspectorate of Probation has information about child criminal exploitation.

Our Youth Proceedings Competences highlight the importance of effective communication and engagement with vulnerable children in the Youth Justice System.

Children are less likely to understand legal language and processes. Many will not grasp words and phrases that barristers take for granted. Examples might include “remand,” “bail conditions,” or “mitigation.”

Many children in the Youth Justice System also face additional vulnerabilities and barriers to communication. The Supporting information – vulnerability, background and needs section of these resources has more information.

Moreover, children might not feel comfortable disclosing their difficulties, needs, or feelings and may struggle to engage with legal professionals or processes. They may be distrustful, reluctant to speak, or too anxious to ask questions.

So, barristers practising in youth justice proceedings should adapt their communication and engagement to each child’s needs, vulnerabilities, and background.

Practical tips

Here are some practical tips that may help barristers adapt their communication and engagement to the needs, vulnerabilities, and backgrounds of children in the Youth Justice System. Taking proactive steps like these can make the difference between a child who understands and participates meaningfully in proceedings and a child who feels lost and powerless.

• Avoid complicated and technical language.
• Speak clearly and at a suitable pace.
• Use plain English.
• Recognise potential barriers to communication and engagement. The "Supporting information - childrens' vulnerabilities, backgrounds, and needs" section has more information.
• Ask direct but sensitive questions, for example, about a child’s education, family situation, mental health, and any past involvement with social services to build a fuller picture of their background.
• Listen actively, for example, by repeating something a child has said back to them.
• Stay alert to signs of additional vulnerabilities or needs, such as learning difficulties and neurodiversity. The "Supporting information - childrens' vulnerabilities, backgrounds, and needs" section has more information.
• If a child struggles to follow conversation or process information, consider whether they need additional support or adjustments.
• Consider a child’s behaviour in the context of their vulnerabilities, needs, background, and life experiences, including experiences of care, trauma, abuse, or exploitation.
• Stay alert to signs of anxiety, distress, a lack of understanding, or concentration difficulties.
• Recognise that behaviour such as reluctance to speak, avoidance of eye contact, or disengagement may be a communication difficulty or a response to stress or trauma.
• Be mindful of cultural differences in communication styles.
• Work with other people or agencies to help children participate in proceedings and communicate effectively. The "Supporting information - awareness of key organisations" section has more information.
• Check understanding frequently, for example, by asking if a child understands something, offering to repeat it, offering to say it differently, or asking a child to say it back in their own words.
• Show patience.
• Be flexible—adapt your approach rather than expecting a child to conform to adult norms.
• Allow extra time and breaks.
• Make space for children to ask questions.
• Reflect on and challenge personal biases or assumptions.
• Ask one question at a time.
• Make children aware of the most important points.
• Adapt questioning, including the tone of voice and the length, wording, and pace of questions.
• Use body language and non-verbal cues, such as eye contact, hand gestures, and head movements, to show empathy and engagement.
• Be approachable and explain things in a non-intimidating way.
• Build trust with children, for example, by validating their concerns, reassuring them that their views matter, and ensuring they feel heard, understood, and supported.

Training and Resources

Here are some training courses and resources that may help barristers practising or planning to practise in youth justice proceedings communicate and engage effectively with children. The list is not exhaustive. We do not accredit or oversee any of the training courses and resources listed.

• The Inns of Court College of Advocacy (ICCA) Advocacy for Children in Conflict with the Law Course.
• The Advocacy and the Vulnerable training course is facilitated by organisations including the Inns of Court.
• The ICCA's Trauma-Informed Advocacy course.
• Raising the Bar: The handling of vulnerable witnesses, victims and defendants in court by the ICCA.
• Dare to Care: representing care experienced young people by the Youth Justice Legal Centre (YJLC).
• The Planning to Question Someone with a Suspected (or Diagnosed) Mental Health Disorder Toolkit by The Advocate’s Gateway.
• How to assess children in the Youth Justice System by the Youth Justice Board (YJB) assists practitioners in identifying and meeting the needs of children, tailoring plans to individual circumstances, and supporting positive outcomes such as educational inclusion and desistance from offending.
• Trauma informed lawyering by the YJLC.
• Autism and the Criminal Justice System: Introduction to Autism by the National Autistic Society focuses on recognising and understanding the key areas of difference experienced by autistic people.
• Fighting Racial Injustice #1: Background, childhood, legal representation & trauma by the YJLC
• Fighting Racial Injustice #2: Police station, diversion, CCE, effective participation, remand & sentence by the YJLC.
• Fighting Racial Injustice #3: Rap and drill by the YJLC.
• The Advocate’s Gateway toolkits on planning to question a child or young person and the effective participation of young defendants.
• The Advocate’s Gateway toolkits on planning to question people with autism and learning disabilities.
• The Using Communication Aids Toolkit by The Advocate’s Gateway.
• Effective Participation and Fitness to Plead by the YJLC.
• Mental Health: suspects and defendants with mental health conditions or disorders by the Crown Prosecution Service (CPS).
• Pre-trial therapy by the CPS.
• The second chapter of the Equal Treatment Bench Book about children, young people and vulnerable adults.
• Time to get it right: Enhancing problem-solving practice in the Youth Court by the Centre for Justice Innovation, the Institute for Crime and Justice Policy Research, and Birkbeck.
• Criminal Practice Directions by the YJLC, which focus on adjustments that should be considered in all criminal cases involving children.
• Falling Short? A Snapshot of young witness policy and practice by the NSPCC.
• Achieving Best Evidence in Criminal Proceedings by the Ministry of Justice (MoJ) and the National Police Chiefs’ Council includes guidance on using special measures and child witnesses.
• The Code of Practice for Victims of Crime by the MoJ, which includes guidance on using special measures.
• Practice advice: speech, language and communication needs (SLCN) in the youth justice system by the YJB.
• Communication matters in the legal system by Disability Matters.
• A Joint Inspection of the Treatment of Offenders with Learning Disabilities within the Criminal Justice System by HM Inspectorate of Probation.
• Registered Intermediary Procedural Guidance by the MoJ.
• Mental Health: Suspects and Defendants with Mental Health Conditions or Disorders by the CPS.

Barristers practising in youth justice proceedings do not work in isolation. A range of individuals and organisations play a crucial role in supporting children, shaping policy, and providing specialist expertise.

Being aware of these individuals and organisations—and engaging with them where appropriate—can help barristers work more effectively, ensuring that children’s rights and welfare remain at the forefront of their practice. In particular, it can provide:

• Specialist knowledge to inform legal arguments, for example, around youth sentencing, rehabilitation, and diversionary options.
• Additional support for children, such as intermediaries, mental health referrals, or education services.
• Up-to-date insights on systemic issues, such as racial disproportionality, the treatment of care-experienced children, or the impact of custody on children.

Key individuals, organisations, and agencies

Examples of key organisations and individuals include:

• Social services and social workers.
• Parents and carers.
• Youth offending teams.
• Education providers, including pupil referral units.
• Police run diversion schemes.
• Community-based initiatives.
• Intermediaries.
• The Youth Justice Board.
• Just for Kids Law.

Practical tips

Here are some practical tips that may help barristers practising or planning to practise in youth justice proceedings be aware of and engage effectively with key individuals and organisations:

• Understand the role of youth offending teams and engage with them early. They provide pre-sentence and background reports about a child’s circumstances, risk factors, and support needs.
• Understand the role of intermediaries. Some children may need an intermediary to assist with communication during proceedings. Be proactive in requesting one if needed.
• Know when to involve social services. If a child has significant welfare concerns, liaise with social workers or safeguarding teams to help ensure their needs are met.
• Understand the range of special measures that can be used to help children participate in proceedings and be proactive in requesting them from the court if needed.
• Advocate for expert assessments or referrals to specialist services, such as educational psychologists, if a child has suspected unmet needs.
• If appropriate, engage with police youth diversion schemes. Many areas run diversionary programmes to keep children out of custody. Understanding these can help inform case strategy.
• Be aware of education providers and pupil referral units. Many children in the Youth Justice System have been excluded from school. Understanding their education history can provide important evidence.
• Know the functions of the Youth Justice Board, which sets youth justice policy and oversees youth offending services. Stay updated on its latest guidance and reports.
• If needed, use the Youth Justice Legal Centre for specialist legal support – it provides expert legal advice, resources, and training for lawyers in youth justice proceedings.
• If needed, engage with Just for Kids Law, a charity that offers legal representation, policy advocacy, and support for children in the youth justice system, particularly regarding legal rights and welfare needs.
• If appropriate, connect with local or national youth advocacy services and organisations. Knowing what is available can help when considering community-based interventions, for example.
• If appropriate, share information with other organisations, such as the other side and the police, to help safeguard and support a child.
• If appropriate, engage with and get input or helpful information from support organisations and youth justice experts, such as youth offending teams, teachers, social workers, and family members.

Requirement to register youth court work

Barristers must tell us if they have accepted instructions for youth court work in the last 28 days or plan to do youth court work in the next 12 months (BSB Handbook rS59.6).

When barristers do this, they declare they meet our Youth Proceedings Competences. This does not mean a barrister declares their competence to undertake any case in the youth courts. Rather, it means they declare their competence to undertake the cases in the youth courts in which they are instructed or likely to be instructed. 

Publication of information about youth court registration

We publish information about barristers’ registration of youth court work on The Barristers’ Register, which is publicly available. 

How to register youth court work

We ask fully qualified barristers, including those completing a third six pupillage, to register youth court work as part of the annual Authorisation to Practise process.

We ask pupil barristers to register if they plan to do youth court work in the second six of their pupillage when they get their provisional practising certificate.

Barristers must register youth court work within 28 days of accepting instructions if they take it on unexpectedly or without registering their intention to do it as part of Authorisation to Practise or the provisional practising certificate process (BSB Handbook rS64.5).

Fully qualified barristers, including those completing a third six pupillage, need to do this by updating their MyBar profile. Pupil barristers need to email [email protected]

How to unregister

Fully qualified barristers who stop undertaking or planning to undertake youth court work can unregister at any time through MyBar. Pupil barristers can unregister by emailing [email protected]

Failing to register youth court work

We may revoke or refuse to issue a practising certificate if a barrister fails to register youth court work as required (BSB Handbook rS59.6). Barristers have a broader obligation to promptly provide any information we require for our regulatory functions and inform us of any significant changes to that information (BSB Handbook rS64.1)

If your concern arises during youth justice proceedings, raising it directly with the judge in charge may be appropriate. They may be able to resolve any issues quickly.

You may also be able to raise concerns directly with the barrister involved before, during, or after proceedings. For instance, if the barrister represents you, your child (if you are their parent, carer, or guardian), or a child you support in your role within the Youth Justice System.

Refer to the Reporting concerns about barristers area of our website if you have concerns about a barrister’s performance in youth justice proceedings and think they may have failed to meet our Youth Proceedings Competences or a requirement in the BSB Handbook.

We created a video aimed at helping children understand what to expect from barristers during youth justice proceedings. This video complements our Youth Proceedings Competences. Barristers working in this area may find it helpful to share the video with children, as well as their relatives, carers, or youth justice professionals who support them.