Guidance

Parents and guardians: Children entering not guilty pleas

Updated 20 August 2021

Applies to England and Wales

© Crown copyright 2021

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This publication is available at https://www.gov.uk/government/publications/pleading-not-guilty-in-court/parents-and-guardians-children-entering-not-guilty-pleas

Speaking to a lawyer

Before the court hearing date speak to a lawyer straight away.

You can find a lawyer by:

An advice agency like Citizens Advice might also be able to help you find a lawyer.

How a lawyer can help your child

The lawyer can:

  • give your child advice about their case
  • apply for legal aid, which is normally available for children, so they will represent your child for free

You need to give the lawyer all the information in your child’s case. This includes information you may have been given by the police, prosecution or court. The lawyer might not be able to help your child without it.

How the lawyer protects your child’s right to privacy in court

A lawyer is independent and everything that is said between your child and their lawyer is private and can only be shared with your child’s permission.

However, a lawyer cannot mislead the court or tell the court something that they know is untrue.

The lawyer will need to share details of the defence with the court to prepare for the next hearing. The lawyer will need to get your child’s permission to do this.

When your child tells the court they are not guilty of an offence

If your child tells the magistrates’ court or youth court that they are not guilty of an offence, your child’s lawyer, the prosecutor and the court need to complete a form preparation for trial in a magistrates’ court or youth court.

The form includes important information which your child’s lawyer, the court and the prosecutor need for the trial. This makes sure the trial has the best chance of going ahead on the trial date. The court will usually fix another hearing for the trial.

Information your child’s lawyer will need to complete the form

To represent your child and complete the form, the lawyer will need to know your and your child’s (if different):

  • address
  • telephone numbers
  • email address

The lawyer will also need to know everything about your child’s case, including:

1) Why your child believes they are not guilty.

2) Any witnesses, and if known their names, dates of birth, telephone numbers and addresses.

3) If any of your child’s witnesses need an interpreter and the language they speak. If the court agrees the witness needs an interpreter, the court will arrange and pay for this.

4) If any of your child’s witnesses might want to give evidence from behind a screen or over a video-link from another place. You and your child will need to explain why. This is called a special measure.

If your child does not tell their lawyer everything

The lawyer might not be able to give your child the best advice about their case.
If the lawyer cannot tell the court about evidence or witnesses your child wants to use at the trial as soon as possible, the court could decide:

  • the trial should go ahead without the evidence or a witness
  • that your child (or you) should pay more costs if the case is adjourned and your child is convicted

If your child forgets to tell the lawyer something, or there is new information, it is important you and your child tell the lawyer straight away.

What happens when the court decides the trial date

The court will give you and your child the date, time and place for the trial.

You need to make sure you and your child stay in contact with the lawyer. Tell the lawyer if your, or your child’s, contact details change.

You and your child must come to court for the trial. If you do not:

  • the lawyer may not be able to represent them
  • the court might decide to hear the trial without your child
  • the court might decide to issue a warrant for your child to be arrested
  • your child might commit another offence of not coming to court without a good reason

If you or your child are not able to come to court due to a medical reason or an emergency, you must contact your lawyer and the court as soon as possible. You may need to provide evidence to support what you say, for example a sick note from your GP.

How to help your child

Make sure that you and your child arrive 30 minutes before the court hearing.

Use this guidance to explain to your child what will happen. There is a guide they can read themselves if they wish: Young People: What happens when I go to court and want to say I’m not guilty?

Find more information about going to court

These leaflets explain what happens when you and your child go to court and some of the words you may hear in court:

They are also available at your local court.

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