Written questions

Courts: Children

Commons · Question 10287 · Tabled 16 Jun 2026 · Ministry of Justice · Official record

Answered 24 Jun 2026

Question

Asked by Nick Timothy

To ask the Secretary of State for Justice, what process is followed if an individual claims to be a child in a court proceeding and is convicted and sentenced on that basis, but it is subsequently revealed that they are an adult.

Answer

Answered by Sarah Sackman, 24 Jun 2026

Where a person's age is in question in criminal proceedings, it is for the court to determine their age on the basis of the evidence available. This is set out in section 405 of the Sentencing Act 2020, section 150(4) of the Magistrates Court Act 1980, an...