When it comes to young people and the law, the rules are not always as straightforward as many assume. Parents, carers and teenagers themselves often find the boundaries between childhood and adulthood confusing, particularly around the ages of 12, 16 and 18. Add in the complexities of social media and modern communication, and the picture becomes even more challenging.
This article explores some of the key legal principles affecting young people in England and Wales. It focuses on decision-making, consent, criminal liability, and the risks of online behaviour.
Gillick Competence: Can Children Make Decisions Before 16?
A common misconception is that anyone under 16 cannot make decisions about their own lives. In reality, the law recognises what is known as Gillick competence. This principle comes from a landmark case where the courts decided that a young person under 16 can make their own decisions if they fully understand the implications.
In practice, this means that while children are not given full autonomy, their views can be taken into account if they are mature enough to grasp the consequences. From around the age of 12, many children start to demonstrate this level of understanding. For example, in family court cases, their wishes may influence decisions about where they live or with whom they spend time.
That said, it is crucial for parents and guardians to protect children from being drawn into adult conflicts. Even if a child is capable of forming a view, they should not be burdened with parental disputes or exposed to issues beyond their years.
Turning 16: Rights and Responsibilities
At 16, young people cross a significant threshold. They gain new freedoms, such as the legal right to consent to sexual activity, and the ability to make certain choices independently of their parents.
However, these freedoms come with responsibilities. From 16 onwards, individuals can be held criminally liable in much the same way as adults. Careless actions, particularly those involving online conduct, can therefore have serious and lasting consequences.
It is also important to note that while sexual consent begins at 16, the law around sexual images is stricter. Anyone sharing sexual images must be over the age of 18. This means that even teenagers in a relationship could inadvertently commit a criminal offence by sharing or possessing sexual photographs.
Social Media and the Online World
The rise of social media has made the world smaller, but it has also exposed young people to risks that previous generations did not face. Platforms such as Snapchat, WhatsApp and Messenger allow rapid communication, but they also create legal and personal risks.
Many young people navigate these platforms more confidently than their parents, which can make it difficult for adults to safeguard them. Grooming, coercion and bullying can occur quickly and sometimes go unnoticed. Even innocent exploration online can expose children to harmful material or put them at risk of criminal allegations.
It is vital for young people to understand that once something is shared online, even in what seems like a private conversation, it can become evidence. Screenshots, deleted messages and shared images can all be used in legal investigations. Children and teenagers must exercise caution and avoid sharing content that they would not want made public.
Sexting and Legal Risks
Sexting, which refers to the exchange of sexual messages or images, is a particular area of concern. Even if both parties are young and of similar age, the law can classify the sharing of sexual images as a criminal offence if the participants are under 18.
Pressure to send images can also constitute harassment or grooming. Young people may not fully understand the consequences of their actions, and simple mistakes can lead to serious allegations. It is essential to exercise caution and seek advice from a trusted adult or solicitor if there is any doubt about the legality of online interactions.
Age 18 and Full Adulthood
At 18, individuals are legally considered adults. They gain full autonomy over decisions, including sexual relationships, financial matters and contracts. However, reaching 18 does not remove the need for caution online or in personal relationships. Legal responsibility is immediate, and previous online actions can still have consequences.
Even adults should be aware of age differences in relationships. A relationship with someone under 16 can lead to serious legal consequences, regardless of intentions or personal maturity. Trust, consent and legality are all considered in determining the lawfulness of sexual conduct.
What to Do If Accused
If a young person is accused of acting unlawfully, particularly in relation to sexual conduct or online behaviour, it is essential to seek professional advice immediately.
Do not speak to the police without a solicitor present. Even voluntary interviews can create significant legal implications, and everything said may be recorded and used as evidence. A solicitor can guide the young person through the process, ensure their rights are protected, and provide advice on what should or should not be communicated.
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