The criminal law behind New Netflix drama Adolescence – The Legal Realities and Implications.

How Adolescence Captures The Serious Topic of Violent Crime Amongst Teenagers.

Netflix’s new drama Adolescence delves into the dark and troubling world of violent crime among teenagers, with a focus on the radicalisation of young boys through online subcultures.

Starring Stephen Graham, the four-part series follows the arrest of a 13-year-old boy for the murder of a young girl, raising significant questions about the influence of incel culture and the legal consequences of juvenile crime.

Murder, Criminal Responsibility, and the Law

Under UK law, murder is defined as the unlawful killing of another human being with malice aforethought. A 13-year-old being charged with murder would be prosecuted under the same legal framework as an adult, albeit with special considerations due to their age.

In England and Wales, the age of criminal responsibility is 10 years old, meaning that children aged 10 and over can be arrested and charged with criminal offences. However, their trial process differs significantly from that of an adult.

A child charged with murder would typically appear before a Youth Court initially but, given the severity of the charge, their case would be escalated to the Crown Court.

Sentencing also differs, as children are not given life sentences in the same way adults are; instead, they can receive detention at His Majesty’s Pleasure, which is an indeterminate sentence allowing for periodic reviews.

The case depicted in Adolescence closely parallels real-life cases in the UK, such as the murder of James Bulger in 1993 and the more recent killing of Brianna Ghey in 2023.

These cases highlight both legal and societal challenges in prosecuting juveniles for serious crimes, including debates over rehabilitation versus punishment.

Radicalisation and Criminal Liability

One of the central themes of the series is the radicalisation of young boys through online incel communities. In recent years, UK authorities have been increasingly concerned about online extremism leading to real-world violence.

The Counter-Terrorism and Security Act 2015 places a duty on schools, local authorities, and internet service providers to prevent radicalisation under the Prevent Strategy.

While incel culture itself is not classified as terrorism under UK law, certain extremist views within these communities have led to violent acts, blurring the lines between hate crime, conspiracy to commit offences, and domestic terrorism.

The Adolescence storyline echoes high-profile cases like that of Jake Davison, the Plymouth gunman who was found to have been influenced by misogynistic online forums before carrying out a mass shooting in 2021.

Legally, radicalisation leading to violence can result in charges under laws such as the Terrorism Act 2006, which criminalises encouragement of terrorism, including through online platforms.

Additionally, incitement to commit a crime or conspiracy to commit an offence could apply if an individual is found to have encouraged or assisted in acts of violence.

Social Media, Criminal Evidence, and Legal Accountability

A key element of Adolescence is the role of social media in shaping young people’s views and actions. In real-life criminal cases, social media posts, chat logs, and online activity often serve as crucial evidence.

Under the Investigatory Powers Act 2016, law enforcement agencies can obtain access to online communications, which can be used in criminal prosecutions.

For example, if a defendant in a case like the one depicted in Adolescence had been engaging with violent online rhetoric or had made threats, those digital footprints could be used to establish motive and premeditation.

Additionally, platforms hosting extremist content may also be held accountable under the Online Safety Act, which seeks to regulate harmful online material and protect minors.

Government Response and the Future of Online Safety Laws

The UK government has been under increasing pressure to address the impact of social media on young people’s behaviour, particularly in relation to extremist ideologies and misogynistic movements.

The Online Safety Act, which recently came into force, gives Ofcom the authority to regulate digital platforms and penalise them for failing to remove harmful content.

However, critics argue that the law does not go far enough in tackling radicalisation, particularly in anonymous online spaces.

The creators of Adolescence have called for stronger government intervention, drawing comparisons to Australia’s more stringent approach to regulating online content.

Final Thoughts: A Legal and Social Mirror 

While Adolescence is a fictional portrayal, its themes are deeply rooted in real legal and societal issues. The series raises pressing questions about juvenile crime, radicalisation, and the legal responsibilities of individuals and digital platforms.

As the UK grapples with an evolving digital landscape, the intersection of criminal law and online culture will remain a key area of concern for both lawmakers and law enforcement agencies.

For viewers, Adolescence offers a gripping yet unsettling look at how the legal system handles young offenders and the growing dangers of online extremism.

While the show may not provide definitive answers, it certainly forces us to confront difficult realities about crime, justice, and the digital age.

How we can Help

If you have any questions regarding any aspects of murder offences or youth crime any other aspect of sentencing guidelines, please don’t hesitate to contact us on 0161 243 0299 or email us.