In England,
Northern Ireland and Wales, by definition, a child is someone who has not yet
reached the age of eighteen. Once they have turned eighteen they are legally an
adult. In other areas of the child protection system, a child is classified as
being under the age of sixteen. There are many different laws in place in the
UK to specify limitations for young people in certain circumstances or
scenarios. This could include anything from leaving school, leaving care, the
age of consent and the age of criminal responsibility. Children don’t possess
the same legal capacity as adults. In most cases, children are not granted the
rights of an adult until they reach the age of eighteen. Child protection
guidance put in place form the NSPCC
outlines that a child who is:
● Aged sixteen or over
● Lives independently
● Is in further education
● A member of the armed forces
● Is in hospital
● Is in custody or a secure estate
Are still
legally children and should be given the same protection and entitlement as
other children. In all nations in the UK, children living in care at eighteen
are entitled to support from local authorities until they are at least twenty
one. England, Scotland and Wales are governed by the Children (Leaving Care)
Act 2000, there is separate legislation that applies to Northern Ireland. Here
we have broken down a few categories of applicable legal issues that children
need to be aware of.
Age of consent
The legal
age of consent in the UK is sixteen years old. There are specific laws designed
to protect children from children from abuse or exploitation, rather than
prosecuting under 16’s who mutually engage in sexual intercourse. In the eyes of
the law, underage sexual activity should always been seen as an indicator of
possible exploitation. To safeguard children, the law states that anyone under
thirteen years of age can’t give consent. It is illegal to take, show, or
distribute sexually indecent photographs of a child (known frequently as
sexting), to pay for the sexual services of a child, or for a person in a
position of trust (teachers or care workers) to have sexual intercoruse with
someone who is underage. The Sexual Offences Act 2003 indicates applies in
England and Wales and gives further specific information about offences and
penalties relating to them.
Age of criminal responsibility for children
The age of
criminal responsibility for England, Wales and Northern Ireland is 10 years
old.
This
indicates that a child is responsible for and considered capable of committing
crime and is old enough to stand trial for this. The case will be dealt with by
a youth court and their sentence will take their age into account.
Dealing with
legal issues involving your children can be highly stressful but it is essential
that you deal with these issues appropriately. The best way to ensure that you
are receiving the best possible legal guidance is to employ the services of an
experienced child law solicitor. Hawley and Rodgers based in Loughborough and
Nottingham can offer you a professional service that will fight to protect your
child and come to an agreement that suits all parties. Get in touch today
to find out
more.
