Children as Suspects and Defendants
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines the considerations and principles for dealing with children who are suspects or defendants in the justice system. It emphasizes a 'Child First' approach, focusing on prevention and diversion from unnecessary criminalization. The guidance details the role of prosecutors, evidential considerations, public interest factors, and special considerations for children under 18 years old.
Key points
- Prosecutors must prioritize the welfare and interests of child offenders.
- Children under 10 cannot be prosecuted.
- Children's cases should be reviewed quickly to prevent unnecessary delays.
- No criminalization without substantial evidence; consider out-of-court disposals.
- Judicial review is possible if information on the child's background is ignored.
- Effective participation requires adjustments for the child's understanding.
Public-interest factors
- Welfare of the child
- Family background
- Mental and physical health
- First time offenders
- Adverse childhood experiences
- Circumstances of the offence
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.