Sometimes a mistake or an error in judgement by a young person can have significant consequences, which is why obtaining expert legal advice at an early stage is crucial to avoid the unnecessary prosecution and criminalisation of a child.
The legal representation of a child during an investigation by a school, college, or the police requires specialist advice, as many aspects contrast from dealing with adults. The youth court is a different arena to the adult magistrates’ court, so in-depth understanding of the procedures and powers available is pivotal when it comes to achieving the best possible outcome for a child. Where possible, we focus our resources on avoiding prosecution, and are experienced in pressing for out of court disposals that are likely to leave less of a mark on a young person’s record.
Our expertise
BCL are ranked in Band 1 for Crime in Chambers and Partners and Band 1 for Crime: General in The Legal 500.
We understand that for a child, whatever their age, being involved in the criminal justice system is a frightening and daunting prospect for their entire family. Within our serious and general crime team, we have a wide range of experience dealing with families during periods of stress, building an understanding with our young clients, and gaining their confidence when it matters most.
Our lawyers are always seeking alternative resolutions to avoid our clients receiving a criminal record. We have a performance history of resolving matters for our young clients without arrest or the need for them to see the inside of a courtroom.
Although often an isolated incident, BCL’s team of experienced criminal lawyers also strive, through their valued representation of young people, to reduce the prospect of any youth client encountering the criminal justice system again in the future.
Our experience
Examples of our instructions include:
- Acting for a schoolboy accused of forming part of a group responsible for seriously assaulting another pupil. Through conducting enquiries missed by the police, we were able to find evidence suggesting that the complainant had lied about important aspects of the incident. Upon making written submissions to the police and Crown Prosecution Service, the case against our client was dropped.
- Representing a 16-year-old boy accused of being in possession of Class A drugs with intent to supply music festival he was attending. Our client had no previous convictions or dealings with the police and had aspirations to start an engineering apprenticeship, subject to the outcome of the case. We prepared a detailed mitigation bundle, which impressed the court and resulted in a lenient sentence that enabled the teenager to continue his training.
- Successfully applying for a sixth form student’s record to be deleted in relation to an allegation of rape. Detailed representations prepared in relation to the substantive investigation and setting out reasons why no crime had been committed as well as why it would be contrary to the public interest to retain such data.
- Representation of a teenager facing an allegation of sexual assault following the ‘Everyone’s Invited’ movement. Following representations made and strategic advice at the police interview, no further action was taken.
- Representation of a teenager facing an allegation of rape. Following interview and detailed representations under pre-charge engagement, no further action was taken.
- Successful representation of a schoolboy facing multiple allegations by 4 schoolgirls of sexual assault and rape. Following a lengthy investigation and a number of interviews, we made representations under pre-charge engagement leading to a decision of no further action being taken.
Our reputation
BCL has long been top-ranked by the major legal directories in the area of Crime and is currently ranked as follows:
- Band 1 – Chambers and Partners, Crime
- Tier 1 – Legal 500: Crime
- Leading Firm – The Times Best Law Firms: Financial Crime & Fraud & Regulatory