How to work in court
Information on your role in court and how to support children and their parents/carers.
Court work in youth justice services (YJSs) can be provided through a designated court officer or shared between several team members. Depending on local arrangements you may be required to attend as part of your role. It is important that you are familiar with what is required, can support children and their families effectively, and confidently present reports when required to do so. Court duty involves:
- engaging with children and their parents/carers and providing information to them about the court process and what to expect
- facilitating communication between the child, their parents/carers and the court to assist them to engage in the process
- sharing information with the Crown Prosecution Service (CPS) and defence lawyers prior to the start of hearings
- providing information to courts about children known to the YJS
- providing and presenting bail and remand assessments and bail supervision and support packages
- presenting a report (e.g. pre-sentence report, stand down and breach)
- informing the Youth Custody Service of the outcomes of a case when placement in youth detention accommodation is required
- preparing documents for placement in youth detention accommodation
- ensuring the custodial warrant has been issued and is accurate prior to the child being taken to custody
- undertaking post-court administration, including recording relevant information relating to the case and its outcome, and advising the YJS of any new orders which have been issued
The relationship between the YJS and the court is an important one, the court needs to have confidence in the service it provides. This can be achieved by:
- being well prepared
- providing the court with sufficient and appropriate information to help it to make decisions
- ensuring that children and their families are well prepared and support them to present themselves positively and effectively
Discrimination and disproportionate outcomes can occur at any stage of the criminal justice system, with different groups of people receiving less favourable outcomes because of their ethnicity or for other reasons. You should be mindful of this and be clear about what you can do to ensure disproportionate outcomes do not occur and how you can address concerns if they arise.
‘Making it Count’ in Court provides further information on court practice.
Routine court duty work involves providing a service to the court, children and their parents/carers. This means attending:
- when children have been held overnight by the police to appear in court the next day (or at the first available court)
- for those who have been bailed from a previous hearing
- for children who are being sentenced
- for children brought back for breach proceedings
For scheduled returns to court you should know how to access information about who is expected to appear. To be fully prepared for court, you should have access to a final court list the day before to ensure any information which needs to be presented is available, avoiding unnecessary adjournments. Information on listings is provided through an automated email system. In areas with a shared court, you may have a nominated lead who will receive the information and pass it on to the relevant youth justice service in the area.
You should be aware of the process for checking with the police to find out whether any child has been held overnight and charged to appear in court. This is to ensure you obtain information about their offence(s), background and circumstances, whether there are likely to be to any objections to the granting of bail and what role the youth justice service can play in providing a bail supervision and support package. See how to manage bail and remands for further information.
If there is a strong likelihood that the child will be remanded or sentenced to custody, you must alert the Youth Custody Service’s (YCS) Placement Team at least 24 hours before the hearing (unless the child has been produced overnight) by sending them all the relevant assessment information and the placement information form.
If the child is remanded or sentenced to custody, you should follow the placing young people in custody guide.
Video links to court can be used, at the discretion of the judge. They can only be used where the court is satisfied that it is in the interests of justice, having considered representations from parties to the proceedings and any guidance from the Lord Chief Justice.
Where the defendant is a child, there is an additional requirement that the youth justice service must be given the opportunity to make representations before the direction is made. This means that you can provide additional safeguards to ensure the interests of children are protected. You should assist the court to determine whether the child’s ability to understand the proceedings will be hindered by the video hearing making a live hearing desirable; and to balance that factor against the stress and inconvenience of the journey to court.
If undertaking court duty it is useful to understand the roles of the:
- Crown Prosecution Service
- judge
- jury
- usher
- court clerk
- barristers
- solicitors
- magistrates
You should also have knowledge of the local court etiquette. Prior to undertaking court duty for the first time, it is useful to shadow a more experienced court officer to learn about the environment and processes. When working in court, you are a professional providing a statutory service and so should:
- dress smartly (in professional clothing)
- wear identification to ensure that your role is clear to other staff and the public
- arrive punctually with sufficient time to prepare for court; introduce yourself to the court clerk and give your name so that you can be formally addressed by the magistrates.
- ensure that all relevant information prepared for court by your team is available and that relevant parties have received it
- address magistrates and district judges as “Madam” or “Sir”
- address a Crown Court judge (except in the Old Bailey) as “Your Honour”
- address a High Court judge, any judge in the Central Criminal Court (Old Bailey), a Court of Appeal or Supreme Court judge as “my Lady” or “my Lord”
- when you talk to the Bench or when they talk to you, stand up and talk as clearly as possible - it might be you are told you can remain seated, but it is important to show respect for the formality of the process
- if you have something you would like to say once the hearing has started, get the court clerk’s attention before standing or speaking and you will be invited to comment
- if you need to ‘respectfully’ correct something which you know to be wrong, indicate to the clerk that you would like to address the matter
- if during proceedings, you are unsure of something which should be factually checked to ensure that accurate information is put before the court, you can request a brief adjournment to make enquiries
- show respect for the workings of the court and the functions of the sentencers and be courteous to all concerned
- if you do not agree with any decisions do not make your feeling obvious, there are ways to challenge outside of the court arena
- be mindful of your surroundings - the relatives of a defendant and sometimes victims may be sitting in the public gallery or waiting room and care should be taken when discussing any aspect of a case outside of the court room
- mobile telephones must be silent at all times
For scheduled hearings, you should ensure that the child and their family have been contacted and reminded of the court appearance (date and time) and the importance of attending. Depending on their circumstances you may also want to tell any other significant individuals they are in contact with about the appearance e.g. their social worker, to ensure any additional support they require is provided.
Irrespective of whether the child and their parent/carers are familiar with the court process and setting, you should explain and check they understand what will happen, what is expected of them and how they should present themselves. This includes:
- being on time
- not being under the influence of alcohol or drugs
- bring their parents or carers wherever possible
Parents/carers should be encouraged to attend. If this is not possible, they should be asked to provide a statement to the court. This is to ensure their views are included and there are no negative connotations attached to their non-attendance, including a disproportionate outcome for the child who is appearing.
Youth justice services should work with defence solicitors to engage with parents to attend court where possible; or provide the court with statements or information as to why they were unable to attend. This should be done with all children; however, given the disproportionate outcomes experienced by children from Black and Mixed ethnicities and Gypsy, Roma and Traveller communities, it is of particular importance for these groups. Non-attendance at court may encourage stereotyped assumptions and unconscious bias in decision making. You should explore potential barriers that might make it more difficult for parents and carers to attend court and provide support where possible to overcome these.
Regardless of whether the child has appeared in court before or not, it is important to recognise they may be feeling apprehensive, anxious and nervous about attending and the possible outcome. Every court appearance is different and may bring its own challenges. It is important that irrespective of the reason for attending court, you are non-blaming, honest, open, empathetic and realistic about possible outcomes in your engagement with children and their parents/carers. The process of going to court can in itself have a negative and stigmatising effect, so it is important that you treat the child and parents or carers with respect and try to mitigate the impact of the experience.
You should explain that your role in court and that of others is to help them to understand what will happen and how you can support them. This includes ensuring the child and their parent/carer understands their rights to legal representation, legal aid and a duty solicitor. If they wish to engage their own defence lawyer, they should know they must make their own arrangements for this. It may also be helpful to explain who will be in the court room.
You should assist the child to put themselves across in a positive light, which may include:
- discussing court etiquette
- helping them to understand the importance of listening to what is being said
- preparing them that they may be asked questions about what has happened and their future plans
Court attendance can be an intimidating experience for children. Nervousness and stress can affect their ability to understand what is going on, to engage and comprehend the process and outcome. Explanations may help them to feel more confident and they should know that despite the formality, the court will want to hear from them in their own words.
However, you should also be able to demonstrate how the child has worked with you to develop positive plans for the future, which are collaboratively developed and based on their strengths. If there are likely to be any difficulties in the child understanding what is going on (e.g. because of speech and language problems), their defence solicitor should be made aware (see also when a child may require an intermediary). You may also wish to add an opening statement in the pre-sentence report as to how the child may present and advise the court as to how best to engage with them.
There are various resources which may be of assistance when explaining to children and their families what court appearances entail. This includes:
- Advice to teenagers from Family Lives
- Information from the Citizen’s Advice Bureau
- ChildLine
- Just for Kids Law
- The Children’s Legal Centre Wales - also contains advice in the form of questions and answers for children who have to go to court
The role of an intermediary was created by the Youth Justice and Criminal Evidence Act 1999 to assist in criminal cases involving vulnerable witnesses. Intermediaries are available to under-18s in recognition that children communicate differently to adults and may need support if they have identified difficulties.
Intermediaries are trained specialists, often speech and language therapists, who are assigned by the court to vulnerable witnesses and defendants to facilitate communication. Their role is to assist the court to maximise the chances of a fair trial. The intermediary is impartial and appointed to support the child to engage with the court process.
A child in court may require an intermediary if they have:
- communication needs
- mental health difficulties
- an Education, Health and Care Plan. (for children with special educational needs in England) and Individual Development Plan (the equivalent in Wales)
It is more common for an intermediary to be appointed to support child victims or witnesses than child defendants. However, you should raise the need for this support if you consider it may be necessary for the child to understand and meaningfully participate in their trial.
The child’s defence lawyers can make an application for an intermediary, which is decided by the judge. You can recommend to the child’s defence counsel where you consider this support is necessary. The judge may decide that a mental health assessment is required to decide on the need for intermediary support. An application will be made to the Legal Aid Agency to fund the costs of the intermediary.
The application process will include an assessment of the child’s needs; whether an intermediary is necessary or whether adjustments can be made to accommodate their ability to engage.
Sometimes the court may request that the youth justice service fulfil the role of supporting communication. If you consider that a specialist is required, you should make this clear to the court.
If an intermediary is appointed, the youth justice staff supporting children in court will need to work in partnership with them to support the child.
View this guide to find HMCTS approved intermediaries.
The Youth Justice Legal Centre has more information about Intermediaries For Child Defendants online.
After the hearing, if the child has received a community order, there is basic information they should be made aware of before leaving the court. Children may find it difficult to fully process information at this stage, because they feel overwhelmed and overloaded by the process. It is also likely they will want to leave the court as quickly as possible. This can make it challenging to get detailed information across and if, as court officer, you are facing other demands and have other children and families to support, there may be limited time. However, this is a critical time to build a relationship and avoid stigma, and it is important that where possible this is framed for the child as moving forward positively.
The following basic information should be exchanged:
- details of the first appointment with the youth justice service (YJS), when, where and who with
- ensuring the child knows how to get to the location of their first appointment (if it is to be in person) and can get there or contact details are exchanged if the first appointment is likely to be virtual/remote
- contact details for the YJS and child (and their parents/carers)
- reiterate the seriousness of the situation and the need to meet with and engage with the YJS and any other requirements of the court order (restrictions, curfews and other conditions etc)
Children who are securely remanded or receive a custodial sentence will also require attention and assistance. The level of support required is likely to depend on whether they have received a custodial sentence before or not and whether it was expected or not. They are likely to feel overwhelmed and unlikely to have processed the information fully. You should consider:
- their immediate safety and well-being
- information the secure estate needs to know on reception
- where they will be placed and how and when they will get there
Any questions, anxieties and concerns should be discussed to ensure children feel supported and understand what will happen next.
The court officer is also responsible for carrying out a post-court check with the child in the cells. The purpose is to assess the child’s mood, reaction to court outcome and any self-harm or suicidal thoughts.
You should then ring the Youth Custody Service (YCS) on 0345 3636363 to book the child into a placement. You will need to have the following information:
- child’s name, sex and date of birth
- the court that the child is appearing at
- offence details- including dates
- the court outcome and any future court appearances
- post court assessment information
- potential conflicts in custody information - including gangs associations or specific children the child is at risk from
- the placement recommendation and reasons for this
After you have spoken with the YCS, you must complete the ‘Post-Court Report’ Asset Plus stage. Once completed, you should request that a manager countersign it and send via connectivity to the YCS. You should also record any concerns on the ‘Person Escort Report’ for the escort service.
Once the child’s placement has been confirmed you should communicate this with the child’s parent/carer, and to children’s services. You should make them aware of arrangements for visiting and assistance with the cost of this.