Youth justice: UK government action

Published: 29 January 2025

Last updated: 5 November 2025

These assessments show what action government has taken to carry out the United Nation’s (UN’s) recommendations, within the scope of our methodology. 

They include recommendations from the UN committees associated with the human rights treaties that the UK government has signed and ratified (agreed to follow), which are:   

  • International Covenant on Civil and Political Rights (ICCPR)  
  • International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • International Convention on the Elimination of All Forms of Racial Discrimination (CERD)  
  • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)  
  • Convention on the Rights of Persons with Disabilities (CRPD)
  • Convention on the Rights of the Child (CRC) 
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT) 

This topic is about the treatment of individuals under 18 who enter the criminal justice system in England and Wales. It includes conditions of detention and youth justice standards.

Overview of action taken


Use of harmful devices and practices against children

Inconsistent action taken

What we assessed in the recommendation

Introduce laws to ban any use against children of harmful devices (spit hoods, tasers, plastic bullets, attenuating energy projectiles and other electrical discharge weapons). Put strict limits on the use of tools like tasers and pelargonic acid vanillylamide (PAVA) spray. Prohibit their use against children.

CERD concluding observations 2024, paragraph 36:

In the light of its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system, the Committee recommends that the State party take concrete and effective measures to eliminate racial discrimination, including its institutional and systemic dimensions, at all stages of the criminal justice system, in England, Northern Ireland, Scotland and Wales, and in particular that it: (c) Impose strict restrictions on the use of tools such as “tasers” and pelargonic acid vanillylamide (PAVA) spray, and explicitly prohibit their use against children. 

CRC concluding observations 2023, paragraph 30:

The Committee notes with appreciation the information provided by the State party on the regulations governing the use of electrical discharge weapons, pain inducing techniques and seclusion on children, but remains deeply concerned by the large number of children who continue to experience such treatment, particularly children belonging to ethnic minority groups and children with disabilities. The Committee reiterates its previous recommendations and urges the State party: (a) To take legislative measures to explicitly prohibit, without exception, the use of: (i) harmful devices, including spit hoods, plastic bullets and taser guns, attenuating energy projectiles and other electrical discharge weapons, against children; (ii) strip searches on children; and (iii) solitary confinement, isolation, seclusion and restraint as disciplinary measures in schools and alternative care and health-care settings. 

Since the recommendations were made in June 2023 and September 2024, the UK government has not introduced laws to ban the use of harmful devices or strip searches against children.  It has also not put strict limits on the use of tools like tasers and pelargonic acid vanillylamide (PAVA) spray or prohibited their use against children. PAVA is a synthetic pepper spray which temporarily incapacitates those it is sprayed upon. The UN Convention on the Rights of the Child defines a child as a person below the age of 18, unless the relevant laws recognise an earlier age of majority.

Use of harmful devices against children

In August 2024, the HM Prison and Probation Service published non-statutory guidance on the use of force, restraint and restrictive practices in the children and young people secure estate. The guidance states that staff are not permitted to use restraint techniques which deliberately cause pain. It also states that it is never acceptable to deliberately cause pain when a non-painful alternative can safely achieve the same objective. However, it states that there may be incidents where the risk to the child or others means that there is no other viable way for staff to respond.

Use of tasers and PAVA spray on children

Current rules on tasers from March 2022 state that they should not be used routinely to police public order or public safety events, and that they should only be used as proportionate response to an identified threat. Although age is accounted for as a risk factor for taser use, there is no specific age restriction on use of tasers by police.

PAVA, a synthetic irritant pepper spray which temporarily incapacitates those it is sprayed upon, was first introduced into UK prisons in October 2018. It has since been available for use in the youth estate for serious incidents only, when National Tactical Response Groups were called. In April 2025, the UK government announced a wider rollout to equip specialist frontline staff in young offenders institutions to use PAVA spray. The government stated that the aim of this rollout is to keep staff and young people safe and to reduce the severity of incidents in young offender institutions. 

Assessment up to date as of September 2025. 

Age of criminal responsibility

No action taken

What we assessed in the recommendation

Raise the minimum age of criminal responsibility to bring the UK in line with international standards. 

CRC concluding observations 2023, paragraph 54:
Recalling its general comment No. 24 (2019) on children’s rights in the child justice system, the Committee reiterates its previous recommendations and urges the State party to bring its child justice system fully into line with the Convention and other
relevant standards and: (a) To raise the minimum age of criminal responsibility to at least 14 years of age.

CAT concluding observations 2019, paragraph 23:
The Committee reiterates its previous recommendation (CAT/C/GBR/CO/5, para. 27) that the State party raise the minimum age of criminal responsibility and ensure the full implementation of juvenile justice standards. In accordance with rules 63 and 64 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (General Assembly resolution 45/113, annex), instruments of restraint and force can only be used in exceptional cases, where all other control methods have been exhausted and failed. In addition, the State party should prohibit the application of solitary confinement to juveniles. It should also prohibit the transport of prisoners in any way that subjects them to unnecessary physical risk of abuse in violation of the Convention.

ICCPR concluding observations 2024, paragraph 55:
The State party should: (b) Raise the minimum age of criminal responsibility, in accordance with internationally accepted standards, throughout the United Kingdom, the Crown dependencies and overseas territories, particularly in the above-mentioned areas.

The age of criminal responsibility remains 10 years of age in England and Wales. 

Assessment up to date as of December 2024.  

Complaints mechanisms for children in detention

Significant action taken

What we assessed in the recommendation

Set up a confidential and independent process to look into complaints raised by children in detention about violence, abuse, discrimination or other rights issues. Make sure children in detention know about it and it is easy for them to use. Keep the process under review.

CAT concluding observations 2019 paragraph 19:
The State party should: (b) Establish effective inspection and complaints mechanisms that are genuinely accessible to children in detention, and maintain effective monitoring.

CRC concluding observations 2023 paragraph 17:
The Committee recommends that the State party ensure that all children have access to: (a) Confidential, child-friendly and independent complaint mechanisms in schools, alternative care settings, foster care systems, mental health settings and detention for reporting all forms of violence, abuse, discrimination and other violations of their rights and that it raise awareness among children of their right to file a complaint under existing mechanisms.

Inspection mechanisms  

Since the CAT recommendation was made in June 2019, the UK government has taken some steps towards improving the inspection mechanisms for the Children and Young People Secure Estate (CYPSE) and maintaining effective monitoring.  

The CYPSE includes Young Offender Institutes (YOIs), Secure Training Centres (STCs), Secure Children’s Homes (SCHs) and Secure Schools in England and Wales. Inspections of the CYPSE are led variously by Her Majesty’s Inspectorate for Prisons (HMIP), Ofsted, the Care Quality Commission and Care Inspectorate Wales.  

HMIP inspects YOIs every two years. In April 2022, the HMIP introduced reviews of progress 8 to 12 months after each inspection to check that recommendations are being implemented.   

Ofsted leads inspections in STCs and SCHs in England twice a year: a full inspection and an assurance inspection. Assurance inspections were introduced in April 2023 to provide more oversight. Since their introduction in 2022, Ofsted has inspected Secure Schools.  

Inspectors of STCs and SCHs in England have continued to create child-friendly summary reports since the recommendation was made. There is no evidence that the HMIP make their inspection reports of YOIs accessible to children.  

Complaints mechanisms 

Since the CRC recommendation was made in June 2023, children in the CYPSE have continued to have access to the Prison and Probation Ombudsman (PPO). The PPO is an independent, confidential complaints mechanism, which facilitates appeals once internal complaints procedures have been exhausted. The PPO have several processes to monitor effectiveness, including complaints follow-up procedures and lessons learned analysis. 

The PPO does not offer a separate, child-friendly service, but they visited all YSE establishments in 2023 to 2024 to increase awareness of the service and to address low child complaints numbers. In February 2024, the Ministry of Justice awarded £8 million to the charity Barnardo’s to provide independent child advocacy services in 6 YSE institutions between 2024 and 2031. 

Since the recommendation was made, statutory Independent Monitoring Boards continue to be assigned to Youth Offender Institutions. Their members can speak confidentially to children and assist them in making complaints. 

Assessment up to date as of December 2024.  

Abuse claims of children in detention training

No action taken

What we assessed in the recommendation

Make sure judges, prosecutors and the police receive specialist training in preventing abuse of children in detention, as well as training in dealing with claims of abuse.

CAT concluding observations 2019, paragraph 19:
The State party should: (c) Ensure that judges, prosecutors and members of the police receive specialized training in preventing the abuse of children in detention and in dealing with claims of such abuse.

Since the recommendation was made, there is no evidence that the UK government has ensured that judges, prosecutors and police receive specialised training in preventing and dealing with claims of abuse of children in detention.  

In 2020, the UK government confirmed in a statement to the United Nations Committee Against Torture that the Judicial College provides specialist training for judges hearing cases of child abuse in detention. However, there is no evidence of this in the Judicial College training summaries or Judicial College prospectuses. The UK government has stated that judges do not have a role in preventing abuse of children in detention. 

The UK government published statutory guidance on safeguarding children in 2015, last updated in 2023. This confirms that the police, among others, must ensure appropriate support for staff working with children, including undertaking safeguarding training. The College of Policing’s professional practice standards include references to safeguarding for children in detention. There is no evidence that police receive training on handling claims of child abuse in detention outside the scope of these standards.  

There is no evidence that the Crown Prosecution Service provides specific training on preventing and dealing with claims of abuse of children in detention to prosecutors. 

Assessment up to date as of December 2024.  

Prosecuting children as adults

No action taken

What we assessed in the recommendation

Change the law and take other steps to stop children being prosecuted as adults, including anyone who was under 18 when the crime was committed. Ensure that rehabilitation times are set by the date of the crime and not the date of conviction. Ensure detention is a last resort, is as short as possible and is reviewed regularly. Ban life imprisonment for crimes committed by anyone under 18.

CRC concluding observations 2023, paragraph 54:

Recalling its general comment No. 24 (2019) on children’s rights in the child justice system, the Committee reiterates its previous recommendations and urges the State party to bring its child justice system fully into line with the Convention and other relevant standards and: (b) To take legislative and other measures to ensure that: (i) children are not prosecuted as adult offenders, without exception; (ii) the child justice system is applied to all children who were below the age of 18 years when the offence was committed; (iii) rehabilitation periods are determined on the basis of the date the offence was committed, not the date of conviction; (iv) detention is used as a measure of last resort and for the shortest possible period of time and is reviewed on a regular basis with a view to its withdrawal; and (v) life imprisonment is abolished for children and young people who committed offences when they were below the age of 18 years.

Since the recommendation was made in June 2023, the UK government has not taken additional measures to address the points in this recommendation.

Children continue to be prosecuted in Youth Courts unless they are charged with a serious crime (such as murder, manslaughter or child sex offences, among others) or jointly charged with an adult. Where this is the case, a court can decide that their trial should be dealt with in an adult court if it is deemed to be in the interests of justice.

Where a child turns 18 before a decision to charge is made, they may lose the protections of the youth justice system including anonymity of proceedings, presumption in favour of diversion (out of court disposals such as youth cautions) and availability of youth sentencing options including Youth Rehabilitation Orders.

Government guidance on rehabilitation periods for children (the time after which a conviction is ‘spent’) indicates that these are not based on the date the offence was committed. This guidance was published in May 2019 and updated in October 2023.

When remanding children in youth detention accommodation after they have been charged, courts must be satisfied that a set of strict conditions are met. These conditions include that the offence is violent or sexual and that the child will be sentenced to a custodial sentence. On sentencing, guidelines from 2015 already require that a court must use a custodial sentence only when the offence is so serious that no other sanction is appropriate, and that this must be for the shortest term commensurate with the severity of the offence.

Youth detention is reviewed regularly until conviction. If given a custodial sentence (detention and training order), most children become eligible for parole after approximately half their sentence.

Life sentences (Detention at His Majesty’s Pleasure) remain available for children, as for adults. The mandatory sentence for murder is a life sentence for children over 10. The UK government is currently appealing a February 2024 high court declaration that one element of this measure is unlawful and incompatible with a child defendant’s rights under the European Convention of Human Rights.

Assessment up to date as of December 2024.  

Crime prevention and alternatives to custodial sentences for children

Some action taken

What we assessed in the recommendation

Intervene earlier to prevent crime. Promote alternative responses for children accused of crimes, like diversion, mediation and counselling, and alternatives to custodial sentences, like probation or community service.

CRC concluding observations 2023, paragraph 54:
Recalling its general comment No. 24 (2019) on children’s rights in the child justice system, the Committee reiterates its previous recommendations and urges the State party to bring its child justice system fully into line with the Convention and other relevant standards and: (c) To develop early intervention for children and actively promote nonjudicial measures, such as diversion, mediation and counselling, for children accused of criminal offences and, wherever possible, the use of non-custodial measures for children, such as probation or community service.

Since the recommendation was made in June 2023, the Ministry of Justice has continued to fund a youth early intervention programme called Turnaround. Turnaround is providing £56.5 million funding to youth offending teams across England and Wales between December 2022 and March 2025.  

The Secretary of State for Justice issues standards for children in the youth justice system. This includes a mechanism to ensure that Youth Offending Teams, which are part of local councils who try to help young people stay away from crime, take all possible steps to divert children from court. In July 2023, the Youth Justice Board (YJB), a non-departmental public body responsible for overseeing the youth justice system in England and Wales, required all local councils to report on this standard by October 2023 as one of the ‘Standards for Self-Assessment’. There is no update on this requirement.  

The YJB also issues case management guidance to youth justice practitioners and managers which promotes the use of non-custodial measures by advising practitioners to limit custody to circumstances where it is the only appropriate option. This guidance was first published in 2022, before the recommendation was made.  

The Police, Crime, Sentencing and Courts Act 2022 continues to restrict the circumstances in which courts can diverge from mandatory minimum sentences for certain offences committed by 16 to 17-year-olds. 

Assessment up to date as of December 2024.  

Legal aid for children during legal processes

Some action taken

What we assessed in the recommendation

Provide legal aid to children who may have committed a crime, at the beginning of, and during, the legal process.

CRC concluding observations 2023, 54:
Recalling its general comment No. 24 (2019) on children’s rights in the child justice system, the Committee reiterates its previous recommendations and urges the State party to bring its child justice system fully into line with the Convention and other relevant standards and: (d) To ensure the provision, at an early stage of the procedure and throughout the legal proceedings, of qualified and independent legal aid to children alleged to have or accused of or recognized as having infringed criminal law.

Since the recommendation was made in June 2023, the UK government has continued to ensure legal aid provision to some children who enter the criminal justice system. In August 2023, the Ministry of Justice removed the financial means testing requirements for under-18 applicants for criminal legal advice and representation and criminal advocacy assistance. For all types of legal assistance, children under 16, or those aged 16 to 18 and on certain benefits and in full-time education, are eligible for legal aid at all stages of proceedings. However, children aged 16 to 18 who are not in full time education may have to contribute to the costs of their legal representation at court.

Assessment up to date as of December 2024.  

Remanding children in police custody and reducing pre-trial detention

No action taken

What we assessed in the recommendation

End the practice of remanding children in police custody, ensure that children are not held overnight in police custody and reduce the use and duration of pretrial detention.

CRC concluding observations 2023, 54:
Recalling its general comment No. 24 (2019) on children’s rights in the child justice system, the Committee reiterates its previous recommendations and urges the State party to bring its child justice system fully into line with the Convention and other relevant standards and: (e) To repeal the practice of remanding children into police custody, ensure that no child is held in police custody overnight and avoid the use and reduce the maximum duration of pretrial detention.

The UK government has not taken action to repeal the practice of remanding children into police custody since the recommendation was made in June 2023. On a child’s first appearance at Magistrates Court, children can be remanded in custody at a police station for up to 24 hours.

Children can still be kept in police custody overnight in England and Wales. After being charged at a police station and refused bail, a child should be transferred to Local Authority Accommodation, but exceptions are set out in legislation.

Before the recommendation was made, the UK government introduced legislation to limit pre-trial detention for children through the Police, Crime and Sentencing Act 2022. The act tightens the test used by the courts to remand children in custody. However, where the Court does remand a child in pre-trial detention, there is no evidence of steps taken to reduce the duration of this detention. Custody time limits have not changed since they were set by the Prosecution of Offences (Custody Time Limits) Regulations 1987.

Assessment up to date as of December 2024.  

Solitary confinement, separation and transport

No action taken

What we assessed in the recommendation

Ban solitary confinement for children. Ensure that if a child is separated from others, it is for the shorted possible time and only as a last resort, and that they are closely supervised by trained staff.

CRC concluding observations 2023, 54:
Recalling its general comment No. 24 (2019) on children’s rights in the child justice system, the Committee reiterates its previous recommendations and urges the State party to bring its child justice system fully into line with the Convention and other relevant standards and: (j) To end the use of solitary confinement and ensure that any separation of the child from others is for the shortest possible time and is used only as a measure of last resort for the protection of the child or others and in the presence of or under the close supervision of a suitably trained staff member.

CAT concluding observations 2019, paragraph 23:
The Committee reiterates its previous recommendation (CAT/C/GBR/CO/5, para. 27) that the State party raise the minimum age of criminal responsibility and ensure the full implementation of juvenile justice standards. In accordance with rules 63 and 64 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (General Assembly resolution 45/113, annex), instruments of restraint and force can only be used in exceptional cases, where all other control methods have been exhausted and failed. In addition, the State party should prohibit the application of solitary confinement to juveniles. It should also prohibit the transport of prisoners in any way that subjects them to unnecessary physical risk of abuse in violation of the Convention.

Since the CAT and CRC recommendations were made in 2019 and June 2023 respectively, the UK government has not ended solitary confinement for children. Solitary confinement is defined in the United Nations Mandela Rules as ‘confining prisoners for 22 hours or more a day without meaningful human contact’.  

Segregation and solitary confinement in the Youth Secure Estate is permitted in England and Wales under various pieces of secondary legislation. These are: 

Under secondary legislation which pre-dates the recommendations, separation of a child from others is a last resort measure. 

In April 2022, the UK government published a new policy, ‘Minimising and Managing Separation and Isolation in the Children and Young People Secure Estate’. This was implemented on 1 April 2022 for Young Offender Institutions, but it is not clear whether the policy has been implemented in the rest of the Youth Secure Estate. 

According to the policy, segregation and confinement does not have a time limit, although individual cases of segregation and confinement must be reviewed and approved or reapproved at set times throughout the process. 

The policy also explains that, in Young Offender Institutions and Secure Children’s Homes in Wales, separation of a child from others can only be carried out for the protection of the child or others. In Secure Children’s Homes and Secure Training Centres in England, staff are still permitted to separate children from others to prevent property damage. 

Existing secondary legislation does not stipulate that separation be used for the shortest possible time, but does advise that separation be proportionate. Regular supervision is mandated for all separation situations, but constant staff presence is only required in some contexts. 

Assessment up to date as of December 2024.  

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