Release and probation of children

Children and young people are usually supported and supervised by a local Youth Justice Service, not by adult probation in the same way as adults.

What happens after court or custody depends on the order or sentence. A referral order, Youth Rehabilitation Order, Detention and Training Order, conditional discharge and absolute discharge are different legal outcomes.

This guide is for children and young people in the youth justice system, usually aged 10 to 17, and for their parents and carers. It provides general information, not legal advice.

If you are leaving custody

Before release, ask your youth justice worker or secure setting case manager about:

The Youth Justice Service should meet you, or arrange for someone to meet you, on the day you are released. A further appointment should normally follow soon afterwards.

What has changed?

This updated guide separates referral orders, Youth Rehabilitation Orders, Detention and Training Orders, release supervision and discharges. It updates the explanation of custody, breach and return to custody processes, and adds information about Youth Justice Services, resettlement, parents and carers, remand, safeguarding, advocacy and complaints.

Your youth justice worker and plan

Your area may call this the Youth Justice Service (YJS) or the Youth Offending Team (YOT). The law often uses the term YOT.

The YJS should work with you and, where appropriate, your parent or carer. It may also work with school, social care, health services, secure settings and other agencies.

Your youth justice worker may assess your needs, strengths, risks and goals and make a plan with you. Ask who your worker is, how to contact them and what you need to do next.

If you do not understand something, ask for it to be explained again or written down in a different way.

See GOV.UK: Youth Justice Board case management guidance and GOV.UK: working with children in the youth justice system.

Referral orders

A court can make a referral order after a child admits an offence or is found guilty. It usually involves meeting a youth offender panel and agreeing a plan, called a youth offender contract, to put things right and reduce further offending.

The contract may include support, activities, work to repair harm or other steps. It depends on the child’s circumstances and the offence. The court sets the length of the order, which is generally between three and 12 months.

A referral order follows a court finding or admission of guilt. The effect on criminal record disclosure depends on the law and the child’s circumstances. Get legal advice if this affects work, education, travel, immigration or a DBS check.

Youth Rehabilitation Orders

A Youth Rehabilitation Order, often called a YRO, is a community sentence for a child or young person.

The court can attach one or more requirements based on the offence and the child’s circumstances. Requirements can include meeting a youth justice worker, attending activities, a curfew, electronic monitoring, treatment or – for children aged 16 or 17 – unpaid work.

The court should only impose requirements that are suitable, proportionate and available. Your order will say what you must do, where you must go and when you must attend.

Detention and Training Orders

A Detention and Training Order, often called a DTO, is a custodial sentence for children. The court can impose it only where custody is legally justified and a community sentence is not enough.

A DTO is normally split between time in custody and time under supervision in the community. It can be for between four and 24 months.

A child serving a DTO is placed in the secure children’s estate, not an adult prison.

See GOV.UK: custody and resettlement and Sentencing Council: sentencing children and young people.

Release from custody: supervision notice and licence

A child released from a Detention and Training Order will usually have a Notice of Supervision. Other custodial sentences may involve a licence.

Both can contain requirements that must be followed, but they are different legal arrangements. Your release papers should state what applies, who will supervise you, the conditions you must follow and when supervision ends.

Do not rely on adult licence rules. Ask your youth justice worker or legal adviser to explain your own release documents.

Discharges

A conditional discharge means that the court decides not to impose another sentence straight away. The court sets a period during which further offending can lead it to deal with the original offence again.

An absolute discharge means that the court decides no further sentence is needed.

Neither a conditional discharge nor an absolute discharge should be described as active community supervision.

If you cannot follow an order or supervision requirement

Tell your youth justice worker as soon as possible if you cannot attend an appointment or complete a requirement. Explain why and ask for help. Do not wait for the next appointment.

The Youth Justice Service should consider barriers such as disability, health, learning needs, family circumstances, transport, education, caring responsibilities and safety.

If the service believes there has been a breach, it may take the matter to court. The court decides what happens next. For a Youth Rehabilitation Order, the court may take no action, impose a fine, amend the order, or revoke it and resentence.

The process for a child released from custody can be different. A Notice of Supervision may be dealt with by the court, while a licence case may involve a recall process. Get legal advice quickly if you receive breach, recall or return to custody paperwork.

If you are on remand

Remand is not a sentence. If bail is refused, the court decides whether a child should be remanded to local authority accommodation or, only where the legal test is met, youth detention accommodation.

Children aged 10 or 11 cannot be remanded to youth detention accommodation. Children remanded to either local authority accommodation or youth detention accommodation become looked after by the local authority.

See GOV.UK: bail and remand.

Information for parents and carers

Parents and carers should be encouraged to take part in planning and support, where it is safe and appropriate.

The Youth Justice Service may offer or arrange help with parenting, family relationships, education, health, housing or other needs. If you are a parent or carer, ask how you can be involved and what information can be shared with you.

See GOV.UK: supporting parents and carers.

If you need help or do not feel safe

Tell your youth justice worker, parent or carer, social worker, secure setting staff or another trusted adult if you do not feel safe, are being threatened, are worried about exploitation, or do not understand what is happening.

Ask for information to be explained in a different way or format. Tell the YJS if you have a disability, learning difficulty, neurodivergence, language need, mental health need, hearing or sight impairment.

A child in a young offender institution or secure training centre can ask for confidential advocacy support. See GOV.UK: advocacy services for children in custody.

Complaints and legal advice

Ask your local Youth Justice Service or local authority for its complaints process and for accessible support to make a complaint.

The Youth Justice Board complaints process is for complaints about the Board itself or serious concerns about youth justice delivery. It does not usually investigate individual cases.

Get legal advice promptly if you want to challenge a court order, sentence, breach decision, recall or return to custody. See GOV.UK: Youth Justice Board complaints procedure.

Key points to remember

Official sources

This guide provides general information, not legal advice. Speak to a qualified youth justice, criminal or prison law solicitor about your own order, release, supervision or return to custody arrangements.