Correct on the date of publication - 6 October 2025
Question:
Please can you define and explain the terms age, juvenile and young person?
Answer:
Below are the definitions and explanations of the terms age, juvenile and young person.
Age
A person attains a given age at the commencement of the relevant anniversary of their date of birth. Age may be proved by a certified copy of an entry purporting to be sealed or stamped with the seal of the General Register Office provided that the entry as to birth purports to be signed by such informant as might be required to give the registrar that information.
Such a certified copy is prima facie evidence of all matters required to be registered. In practice the production of such a certificate is usually accompanied by a statement from the mother declaring that she gave birth to the child in question on a particular date.
Juvenile
The term juvenile is a collective term which is applied to children and young persons.
Be aware that, for the purposes of PACE, if there is any doubt as to whether a suspect is a juvenile, then he/she should be treated as one and it will be a matter for the court to decide, taking all relevant information into account. Code of Practice C states -
'1.5 Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code and any other Code.'
The onus is on the police to show that the suspect appeared to be over 18 years of age. An officer may find him/herself being questioned in court as to why he/she believed a suspect should be treated as an adult and must be prepared to justify the decision. The Custody Officer is the final arbiter and should always err on the side of caution.
For the main PACE provisions relating to the detention of juveniles see -
juveniles - rights when detained
juveniles - detainees - Code of Practice C
juveniles - detention after charge
Irrespective of the PACE provisions, Youth Courts hear cases against seventeen year olds (or younger). There is a presumption that a child under ten years cannot commit crime; see section 50 of the Children and Young Persons Act 1933 - doli incapax.
Juveniles who have attained the age of 16 years can be issued with a fixed penalty ticket.
Young person
The term young person has different meanings depending on the context and legislation in which it is used.
A young person generally means a person who has attained the age of 14 years and is under the age of 17 years;
However for the purposes of -
(a) section 43(3) of the Prison Act 1952,
(b) section 5(2) of the Rehabilitation of Offenders Act 1974,
(c) sections 46(1), 46(1A), 48(2) and 99(1) of the Children and Young Persons Act 1933,
(d) the Children and Young Persons Act 1969,
(e) the Magistrates Courts Act 1980, and
(f) the Children and Young Persons (Harmful Publications) Act 1955,
young person is extended to include a person under the age of 18 years; and for the purposes of -
(g) the Agriculture (Safety, Health & Welfare) Provisions Act 1956,
young person means a person who is over compulsory school age for the purposes of the Education Act 1944, but is under the age of 18 years.
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