Youth Justice Reform: Is the Government signalling a move away from custodial sentences for Children and move to enforcement against parents?

These measures, set out in a forthcoming Youth Justice White Paper (“the White Paper”), represent a significant shift towards prevention, rehabilitation and community-based solutions and away from custodial sentences for children.

The White Paper emphasises firmer, earlier, and more coordinated intervention, but delivered primarily outside the custodial environment.

The government is explicit that overreliance on custody is ineffective, particularly for short sentences, which are linked to high reoffending rates. It has been highlighted that 80% of prolific offenders commit their first offence as children and more than two-thirds of children released from custody reoffend within a year. Early intervention is, therefore, key.

What are the key proposals in the White Paper?

-           Early Intervention and Youth Intervention Courts

A central feature of the proposals is the introduction of pilot Youth Intervention Courts, designed to address the underlying causes of youth offending.

These courts will:

• Bring together judges, youth justice services, and specialist support providers
• Focus on root causes such as mental health, education, and family dynamics
• Offer intensive supervision and tailored interventions
• Closely monitor compliance with court-imposed requirements

-           Strengthening Parenting Orders

The Government intends to expand and reinforce the use of Parenting Orders, as defined in S8 of the Crime and Disorder Act 1998, which require parents or guardians to take active steps to address their child’s behaviour.

These orders may include:

• Attendance at counselling or guidance sessions
• Parenting support programmes
• Compliance requirements backed by penalties (including fines)

Where a Parenting Order (“the Order”) is imposed, a parent must comply with the terms of the Order. If the Order is breached, the parents may face a criminal prosecution themselves.

-            Reducing Custody and Expanding Community Sentences

A key policy objective is to reduce the number of children in custody, including:

• Reducing the amount of children on remand awaiting trial by 25% before the next election
  • Currently where a child is charged of a serious criminal offence, they may be remanded in custody (held in a youth detention centre or prison depending on their age), while they wait for trial. This can mean they spend months or years in custody, regardless of them being convicted.
• Aiming to cut the youth custody population by 20%

The Government also plans to strengthen Youth Rehabilitation Orders (“YROs”) as defined in s1 of the Criminal Justice and Immigration Act 2008, which may include:

• Curfews
• Unpaid work
• Treatment programmes
• Electronic monitoring

Custody will remain reserved for the most serious offenders. Of course, a YRO will allow a youth to continue education and help them enter gainful employment.

-            Reform of Childhood Criminal Records

The Government is consulting on reforms to criminal record disclosure rules, potentially ending lifelong disclosure requirements for offences committed in childhood offences.

Currently, where a youth has a criminal record, this can:

• Appear in background checks, including DBS checks
• Affect employment and education opportunities

Reform of this area could reduce lifelong consequences for offences committed in youth.

-           Tackling Child Criminal Exploitation

The proposals also include a commitment to introduce a new criminal offence targeting adults who exploit children into criminal activity. This offence would help address the root cause of offending (e.g. pressure from a gang/adults etc). It will hopefully go some way in protecting vulnerable young people from exploitation.

Wider picture

These reforms build on recent Government efforts to address some of the most serious issues facing young people, including knife crime and violence against women and girls.

How We Support Clients

The proposed reforms signal a clear shift toward earlier intervention but with the involvement of parents. The anticipated increase in the use of Parental Orders indicates the Government want to force parents to address behaviour first before they take steps to punish children and certainly imprison them. It will also likely mean parents made be prosecuted for breach of these Orders, where a youth continues to commit criminal offences.

We will play a critical role in steering cases away from formal prosecution and custody, ensuring that children benefit from diversionary options and robust community interventions, wherever appropriate. The emphasis on custody as a last resort will strengthen our position in challenging remand and short custodial sentences, particularly where the statutory criteria and policy direction indicate that such outcomes should be exceptional.

We are experienced in representing youths in the Youth court and individuals, including parents, for breach of court orders. Therefore, will be able to provide advice that is not only legally sound, but also child-focused, trauma-informed and capable of navigating complex multi-agency systems.

Taken together, the reforms position lawyers as key facilitators of the new youth justice mode. Advocates not simply for outcomes, but for pathways that reduce reoffending, support families, and prevent unnecessary criminalisation.