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Child sex offences committed by children or young persons (sections 9-12) (offender under 18)/ Sexual activity with a child family member (offender under 18)/ Inciting a child family member to engage in sexual activity (offender under 18)

Sexual Offences Act 2003, s.13, s.25, s.26 · Triable either way

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Sentencing framework

Sentencing for these offences takes into account the serious nature of the crime and is structured around the needs of young offenders. A court must prioritize the prevention of future offending while considering the welfare of young offenders, potentially resulting in a range of sentences from discharge to a maximum of 5 years’ custody.

Maximum sentence

5 years’ custody

Court

Triable either way

Offence range

Discharge - 5 years’ custody

Aggravating factors

  • ·Grave crimes under section 249 of the Sentencing Code
  • ·Specified offences for purposes of section 254 of the Sentencing Code

Mitigating factors

  • ·Consideration of youth offender welfare
  • ·Principal aim of youth justice system to prevent further offending

The sentencing process, step by step

  1. Step 1 — determine the offence category based on the nature of the crime.
  2. Step 2 — assess the culpability of the offender.
  3. Step 3 — ascertain the level of harm caused.
  4. Step 4 — apply the sentencing guideline to determine the starting point.
  5. Step 5 — consider aggravating and mitigating factors.
  6. Step 6 — determine the appropriate sentence within the category range.
  7. Step 7 — consider any necessary orders such as Sexual Harm Prevention Orders.

Guideline notes

  • Courts must follow overarching principles for sentencing children and young people, focusing on prevention of further offending and the welfare of the offenders.

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.