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Crimes involving young people

Young people as victims and witnesses

Being a victim or a witness to a crime is not easy, but we work hard to bring offenders to justice. Throughout the justice process we will support young victims and witnesses and treat them with dignity.

Find out more about how we support young victims and witnesses

Youth crime

The Crown Prosecution Service acts in partnership with other agencies such as the police, the youth justice board, children's services, courts and youth offending teams. Each area of the CPS has a youth justice specialist who oversees the prosecution of youth crime in their area.

Find out more about how we prosecute youth crime

Prosecuting Homicide

Murder and manslaughter are two of the offences that constitute homicide.

Manslaughter can be committed in one of three ways:

  1. killing with the intent for murder but where there is provocation, diminished responsibility or a suicide pact.
  2. conduct that was grossly negligent given the risk of death, and resulted in death.
  3. conduct, taking the form of an unlawful act involving a danger of some harm, that caused death.

With some exceptions, the crime of murder is committed, where a person:

  • of sound mind and discretion (i.e. sane):
  • unlawfully kills (i.e. not self-defence or other justified killing)
  • any reasonable creature (human being)
  • in being (born alive and breathing through its own lungs)
  • under the Queen's Peace
  • with intent to kill or cause grievous bodily harm.

There are other specific homicide offences, for example, infanticide, causing death by dangerous driving, and corporate manslaughter.

Find out more about prosecuting homicide

Home » News Centre » Press Releases » CPS handles biggest ever murder case for young witnesses

CPS handles biggest ever murder case for young witnesses

27/07/2004

Special measures to allow the biggest ever number of young witnesses - 20 under the age of 16 - to give evidence were applied for by the Crown Prosecution Service for the murder trial following the death of Luke Walmsley, said a senior CPS lawyer.

At Nottingham Crown Court yesterday Alan Pennell was convicted by a majority verdict of Luke's murder last November. Today he was sentenced to a minimum of 12 years to be detained at Her Majesty's pleasure.

Martin Kirby-Sykes, head of the Trials Unit for CPS Lincolnshire, said that 59 youngsters were interviewed on video by the police after the stabbing of 14-year-old Luke in the corridor at Birkbeck School, North Somercotes, Lincolnshire.

He said: "Because of the large number of young people involved in this case we in the prosecution team were determined to make the experience of giving evidence - which can be daunting for an adult, let alone a teenager - as easy as possible.

"Out of the 59 youngsters interviewed on video we selected 20 whose evidence was needed for the prosecution case. All the video evidence from those interviewed was disclosed to the defence as we are required to do by law and they could have potentially called some of them as witnesses as well."

The handling of cases involving young witnesses is taken very seriously by CPS, said Mr Kirby-Sykes. He said: "We make sure that we deal with the cases as fast as possible and in a sensitive way to minimise the trauma a young person may experience not only from seeing what has happened but by having to give evidence."

In this case, the CPS made an application for what are called "special measures" which are designed to help witnesses who are vulnerable because of their age, disability, or for any other reason, to give evidence.

Mr Kirby-Sykes explained: "We arranged with Nottingham Crown Court that the young witnesses would all give evidence through a tv link from a remote location in Immingham. Their video interview with the police was played first to the court, then they were cross-examined via the link.

"We offered them a visit to the video suite so they could become familiar with the location and it would not be so strange and unfriendly when they came to give evidence for real.

"On the day, each young witness was given the opportunity to see their video interview which they gave to the police many months earlier, shortly after the incident.

"While they were giving evidence, cameras in the courtroom in Nottingham showed the judge and all the barristers who had removed their wigs to make the experience less daunting for the witnesses. The cameras were specially set up so that none of the young witnesses would have to see the defendant."

Mr Kirby-Sykes said the circumstances of Luke's death were terribly distressing, not only for his family but for those who were there.

He said: "This has been a harrowing case for all involved, especially those who in court who saw the CCTV evidence of Luke's final moments.

"We are grateful that so many young witnesses were able to tell the court what they saw and heard and we are pleased that our efforts helped them to do that."

  1. For further details contact the CPS Press Office on 020 7796 8180