Arson remains a serious criminal offence even when the person accused is under 18. A child or young person is at risk of receiving a custodial sentence, particularly where a fire caused serious damage or endangered life. However, the court does not sentence a child by applying the adult arson guidelines in the same way.

In England and Wales, the youth sentencing guideline applies to someone who is under 18 when they are found guilty. The court must consider their welfare, maturity and prospects of rehabilitation, with custody reserved as a last resort.

Here, the arson defence solicitors at Tyler Hoffman explain how the nature of the alleged offence, the child’s role, any risk to life and the way the case is handled from the outset can affect the charge, the court proceedings and the sentence imposed.

How is arson sentenced when the defendant is under 18?

The principal aim of the youth justice system is to prevent further offending, and the court must also consider the welfare of the child.

When deciding the most appropriate sentence following a conviction for arson, the court will consider:

• The child’s chronological, emotional and developmental age.
• Their understanding of their actions and the possible consequences.
• Whether the conduct was planned or impulsive.
• Their role, if other people were involved.
• Family, education and home circumstances.
• Mental health issues, a mental disorder or learning disability.
• Peer pressure, coercion or exploitation.
• Previous convictions or findings of guilt.
• The likelihood of rehabilitation.

An arson sentence for a minor in the UK cannot therefore be calculated by taking an adult sentence and applying an automatic reduction. The sentencing judge must consider the offence alongside the child’s maturity, individual circumstances and level of responsibility.

This can be especially important for children in their early or late teens who acted under pressure from older people, did not appreciate how quickly the fire might spread or played a lesser role in a group offence.

A defence solicitor can gather the evidence needed to establish those circumstances, challenge any attempt to overstate the child’s culpability and ensure the court properly considers their age, maturity and prospects of rehabilitation before deciding on a sentence.

Does the adult arson sentencing guideline apply to a minor?

The adult arson sentencing guidelines apply directly to offenders aged 18 and over. A defendant who is under 18 when found guilty must instead be sentenced under the Sentencing Council guideline for children and young people.

The precise offence with which the child is charged will still have a major effect on the sentence.
Simple arson involves criminal damage by fire. Under section 1 of the Criminal Damage Act 1971, the prosecution must prove that a person intentionally or recklessly destroyed or damaged property without lawful excuse.

Aggravated arson is more serious. It involves criminal damage by fire with intent to endanger life or being reckless as to whether life would be endangered. The distinction between simple arson, reckless arson and arson with intent can determine whether the case remains in the youth court and whether custody becomes a realistic outcome.

Where someone committed an offence while under 18 but turns 18 before conviction, the court should begin with the sentence that would likely have applied at the time of the offence. It must then apply adult sentencing while continuing to consider age and lack of maturity.

What makes an arson offence involving a minor more serious?

The court assesses both the harm caused and the child’s culpability when determining a sentence, and a situation involving greater harm or culpability will usually lead to a stronger sentence. Other factors that will increase the seriousness include:

• Serious injury or a significant risk to human life.
• Setting fire to an occupied property.
• Intent to endanger life.
• Extensive or very serious damage.
• A high risk that the fire would spread.
• Significant planning or the use of an accelerant.
• Damage to commercial premises or essential public services.
• Serious consequential economic or community impact.
• Acting for financial gain.
• Relevant previous convictions.
• Playing a leading role where several people were involved.

The child’s responsibility must also be considered separately. Lesser culpability may apply where the conduct was impulsive, the child had a limited understanding of the risk, they played a minor role or they were pressured or exploited by someone older.

Mental health issues, neurodivergence or a learning disability can also affect culpability if they reduce the child’s ability to understand the consequences or exercise appropriate judgement.

However, this evidence must be prepared carefully and presented by a defence solicitor. A psychiatric report, medical evidence or information from education and social care services may need to be sourced or produced to establish this properly.

The court will not treat young age as a simple numerical discount that can be applied to the sentence. It must consider how the child’s actual maturity affected their decisions and awareness at the time.

What must the prosecution prove in a youth arson case?

Before sentencing becomes relevant, the prosecution must prove the offence charged. It must establish that property was damaged by fire, that the child was responsible and that they intended or were reckless as to causing the damage. It must also prove that there was no lawful excuse.

Where aggravated arson is alleged, the prosecution must prove the additional element concerning danger to life. It is not enough to show that a child started a fire and that someone happened to be nearby. The evidence must support the allegation that the resulting damage endangered life and that the child had the required intent or awareness of that risk.

Arson cases may involve:

• Reports from police or fire investigators.
• CCTV and witness identification.
• Phone messages and social media activity.
• Location data.
• Forensic examination of materials recovered from the scene.
• Accounts given by friends or other children involved.
• Statements made during a police interview.

At Tyler Hoffman, we test the evidence to see whether the conclusions drawn from it are reliable. We will challenge mistaken identity, examine whether the fire was accidental and instruct an independent forensic expert where necessary.

Where the evidence does not support aggravated arson, we can make representations for a lesser charge. Where there are fundamental evidential or procedural weaknesses, we can press for charges to be dropped before court or defend the allegation at trial.

What happens when a minor is interviewed by the police?

A child suspected of arson may be arrested or invited to a voluntary police interview. A voluntary interview is still a formal interview under caution, and anything said may be used as evidence in later court proceedings.

Someone under 18 has the right to be accompanied by an appropriate adult during an interview. This may be a parent, guardian, social worker or another suitable adult. Their role is to protect the child’s welfare and help them understand what is happening, but they cannot provide legal advice or replace a criminal defence solicitor.

A child should never answer questions about an arson allegation without legal representation. An incomplete or poorly expressed account can be interpreted as evidence of intent, recklessness or involvement unless the interview is handled properly.

Through our police station representation service, we can obtain the available disclosure, advise on the interview strategy and ensure that questioning takes account of the child’s age, understanding and communication needs.

Legal advice at the police station is free. Parents should also remember that a voluntary police interview is not an informal conversation, and what is said can directly affect whether arson charges follow.

Will the case be heard in the youth court or Crown Court?

Cases involving children should normally be tried in the youth court, which is a specialist form of the Magistrates’ Court designed to meet the needs of defendants under 18.

The Crown Court is reserved for the most serious cases. An aggravated arson case may be escalated to the Crown Court in exceptional situations where the court considers that the child may pose a significant future risk of serious harm and could meet the legal test for extended detention or detention for life.

Being charged alongside an adult does not automatically mean that a child must also be tried in the Crown Court. The court should consider the child’s age, maturity, alleged role and culpability compared with the adult before deciding whether a joint trial is necessary.

Where the prosecution seeks to hold a trial at the Crown Court, our defence solicitor will make submissions that the case should remain in the youth court. Where the evidence supports, we will challenge an aggravated offence, disputing the allegation that the child intended to endanger life or showing that their role was substantially less serious than that of others involved.

Keeping a suitable case in the youth court will affect how proceedings are managed and the range of sentencing options considered. Our criminal defence solicitors can address this issue from the first court hearing.

What sentence can a minor receive for arson?

The available sentence depends on the seriousness of the offence, the age of the child and their previous record.

Referral order

A referral order may be imposed where a child pleads guilty. It requires them to work with a youth offender panel and agree to a programme intended to address the causes of the offending. An order can last from three to 12 months.

Youth rehabilitation order

A youth rehabilitation order is a non-custodial sentence that imposes rules on supervision, curfew, education, activity, drug rehabilitation or mental health treatment requirements. It can last for up to three years.

A demanding youth rehabilitation order may be appropriate where the custody threshold has been crossed but the court concludes that risk can still be managed in the community.

Detention and training order

A detention and training order is a custodial sentence combining detention with supervision and training after release. It lasts between four and 24 months.

It is available for children aged 12 to 17. For those aged 12 to 14, it can ordinarily only be imposed where they are treated as a persistent offender. The court must consider a written pre-sentence report and explain why a youth rehabilitation order cannot be justified.

Long-term detention

For grave arson cases, the Crown Court can impose long-term detention where neither a community sentence nor a detention and training order is suitable. This power is available for offences carrying a maximum adult sentence of at least 14 years, which includes arson.

Does a guilty plea reduce an arson sentence for a minor?

A guilty plea can reduce the sentence, with greater credit generally available where the plea is entered early. For a child, that reduction can sometimes affect not only the length of the sentence but whether a custodial or non-custodial outcome is imposed.

However, nothing should be used to pressure a child into pleading guilty. Before any plea is entered, the evidence, charge and possible consequences must be fully evaluated.

A child may accept responsibility for criminal damage by fire but dispute:

• An intent to endanger life.
• Awareness of a significant risk to life.
• Planning or use of an accelerant.
• The extent of the damage.
• Their role compared with others involved.

A solicitor can make sure the child understands exactly what they are admitting, challenge any part of the prosecution’s case that is not accepted and prevent the plea from exposing them to a harsher sentence than the evidence justifies.

How can a solicitor reduce the risk of detention?

The work needed to defend a child accused of arson begins well before sentencing. At Tyler Hoffman, we will:

• Represent the child during arrest or voluntary interview.
• Ensure questioning is suitable for their age and understanding.
• Obtain and assess the available police disclosure.
• Challenge CCTV, witness identification and digital evidence.
• Examine fire investigation findings.
• Instruct independent forensic experts.
• Challenge allegations of intent or recklessness.
• Establish whether the child was pressured or exploited.
• Separate their role from that of older or more involved defendants.
• Make representations against charge.
• Seek simple arson or another lesser offence where appropriate.
• Argue for the case to remain in the youth court.
• Obtain mental health, developmental and educational evidence.
• Work with the local council’s youth offending team.
• Challenge aggravating factors that have been overstated.
• Present a structured alternative to custody.
• Prepare mitigation for the sentencing judge.

Even where the evidence for conviction is substantial, there remains scope to influence the outcome. The defence can challenge the prosecution’s assessment of harm and culpability, demonstrate the child’s lesser responsibility and ensure that rehabilitation is properly considered before a custodial term is imposed.

Early involvement gives us time to consider the evidence, the charge and the court route. By the time a case reaches sentencing, some of those opportunities may already have been lost.