13) Youth court Flashcards
Aim of the youth court
To prevent offending by children and young people. To have regard to the welfare of the juvenile.
Attendance of parents
A juvenile aged under 16 must be accompanied by their parents or guardian during each stage of proceedings unless the court is satisfied that it would be unreasonable to require this. For juveniles aged 16/17 the court has a discretion
What cases do they deal with?
Youth court deals with cases involving defendants aged between 10-17. Children aged 10+ are subject to the criminal law in the same way as adults. There is a conclusive presumption that children under 10 cannot be guilty of committing a criminal offence.
Who is a persistent young offender?
A juvenile who has been sentenced on 3 separate occasions for one or more recordable offences
Differences/similarities with the adult magistrates’ court
- Straightforward terminology
- Juvenile’s are spoken to using their first name
- Witnesses must promise rather than swear
- Same trial procedure and standard directions in advance of trial as adult magistrates
- If convicted the juvenile will be subject to the full range of sentencing powers which magistrates’ court may exercise
What happens if the juvenile is on the edge of 18?
If a juvenile is charged with an offence when aged 17 but turns 18 prior to their first appearance in the youth court the court does not have jurisdiction to deal with them and the case must be dealt with in the adult magistrates’ court. If a juvenile makes their first appearance in the youth court before their 18th birthday but becomes 18 whilst the case is ongoing the youth court may either remit the case to the adult magistrates’ court or retain the case
Situations in which a juvenile’s case either must or may be sent to an adult court
1) Homicide offences - MUST be dealt with in Crown court
2) Firearms offences - if they’ve attained the age of 16 MUST be sent to Crown court
3) Grave crimes - offences for which an offender aged 21+ may receive a custodial sentence of 14 years+ e.g robbery, rape, S. 18 GBH. Youth court can accept jurisdiction or send the case to the Crown court
4) Specified offences - offences of violence or a sexual offence. Case may be sent to Crown court but only where they can properly be regarded as a dangerous offender (automatic life imprisonment, extended sentence)
5) Jointly charged with an adult - If the adult’s case is dealt with in the Crown court the juvenile may also be sent there if it is necessary. If the adult’s case is dealt with in the adult’s magistrates’ court they will be both tried there.
Plea entering
For grave crimes, specified offences and where a juvenile is charged with an adult whose case is in the Crown court if the juvenile indicates a guilty plea the youth court will either sentence them or send them to the Crown court for sentencing. If the juvenile indicates a not guilty plea a similar allocation procedure will then be followed to that in the magistratres’ court for an either-way offence.
When will the youth court decline jurisdiction?
If they believe their sentencing powers would be inadequate
Right of election?
A juvenile does not have a right of election so they cannot pick which court for the trial to take place in
Bail - Powers of the youth court
The youth court has the power to remand a juvenile:
- On bail (with or without conditions)
- Into local authority accommodation
- In the case of 17 year olds into custody
Bail - Options if the court refuses bail
When a court refuses bail a juvenile may be remanded to local authority accommodation or to youth detention accommodation
Bail - Local authority accomodation
Can sometimes include a return home but under the care of the local authority.
Bail - Youth detention accommodation - Juveniles who can’t be remanded
10-11 year olds can only be remanded on bail or to local authority accommodation they cannot be remanded to the youth detention accommodation. If the juvenile reached the age of 12 during the course of a remand it is possible that they may then be remanded to youth detention accommodation
Bail - Youth detention accommodation - Conditions
4 sets of conditions which must be met for a remand to youth detention accommodation:
1) The juvenile must be aged 12-17
2) The juvenile must usually have legal representation
3) The offence will usually need to be either a violent or sexual offence or one for which an adult could be punished with a term of imprisonment of 14 years or more. Alternatively the juvenile will need to have a history of absconding whilst remanded to local authority accommodation or youth detention accommodation or a recent history of committing imprisonable offences whilst on bail
4) The court must believe a remand to youth detention accommodation is necessary either to protect the public from death or serious personal injury occasioned by further offences committed by the juvenile
Sentencing - Pre-sentence report
Prepared by the youth offending team. The court must ALWAYS obtain this before sentencing the juvenile. The court is likely to indicate the type of sentence it has in mind when it orders a report and the report will address the juvenile’s suitability for that type of sentence.
Sentencing - Overarching principles - General approach
When sentencing children a court must have regard to:
- The principle aim of the youth justice system (to prevent offending by children)
- The welfare of the child
Sentencing - Overarching principles - Approach to sentencing
Seriousness of the offence will be the starting point, the approach to sentencing should be individualistic and focused on the child as opposed to offence focused. For a child the sentence should focus on rehabilitation where possible. A court should also consider the effect the sentence is likely to have on the child or young person as well as any underlying factors contributing to the offending behaviour
Sentencing - Overarching principles - Criminalising children
It is important to avoid criminalising children unnecessarily, the primary purpose of the youth justice system is to encourage children and young people to take responsibility for their own actions and promote re-integration into society rather than to punish.
Sentencing - Overarching principles - Determining the sentence
In determining the sentence the key elements to consider are:
1) The principal aim of the youth justice system
2) The welfare of the child or young person
3) The age of the child or young person including emotional age
4) The Seriousness of the offence - asses the culpability of the child (extent to which it was planned) and the harm that was caused, level of force used and awareness child had on their actions
5) The likelihood of further offences being committed
6) The extent of harm likely to result from those further offences - level of physical and psychological harm caused to the victim, degree of any loss caused to victim and extent of any damage caused to the property
Sentences - What can the court impose?
1) Referral order
2) Youth rehabilitation order
3) Detention or training order
Sentencing - Referral orders
Can only be made if:
1) They have pleaded guilty
2) No previous convictions
3) Court is not proposing a custodial sentence or absolute discharge
Sentencing - Youth rehabilitation orders
Is a court-ordered community sentence for young people who have committed a crime. Used when:
1) Not pleaded guilty
2) Serious enough but not imprisonable
Sentencing - Detention and training orders - When can they impose one?
The only type of custodial sentence that the youth court has the power to impose. Should not impose unless it is of the opinion that the offence is so serious that neither a fine alone nor a community sentence can be justified. CANNOT be imposed on juveniles ages 10 and 11. If a juvenile is aged between 12 and 14 inclusive an order may only be made if the court considers that the juvenile is a persistent young offender. For juveniles aged 15+ no restriction. Can only be imposed if the court has received a pre-sentence report that specifically addresses custody as a possible sentencing option
Sentencing - Detention and training orders - How long can the order be?
An order may be imposed for fixed periods of 4, 6, 8, 10, 12, 18 or 24 months. The length of the order must be for the shortest period of time the court considers commensurate with the seriousness of the offence, or the offence and one or more offences associated with it.
Sentencing - Detention and training order - What happens when an order is made?
The juvenile will be held in detention in a young offender’s institution for one half of the period of the order. They will then be released into the community under the supervision of the youth offending team for the second half of the order
Appeal jurisdiction from the youth court
As the youth court is a type of magistrates’ court a juvenile convicted or sentenced by the youth court has the same rights of appeal as a defendant who is convicted or sentenced by the adult magistrates’ court
Fine and who pays it
The youth court can impose a fine on a youth aged under 16 but it must order that the fine be paid by the parents
Who can remove an appropriate adult
Can only be authorised by an officer not below the rank of inspector
Who are allowed to enter the youth court hearing
Defendants solicitor, youth offending service, the press, the court usher, the defendants parents and the prosecutor will be permitted
What if an adult is being tried with the youth and they are being tried in the magistrates
They must be tried together and if convicted they will normally remit to youth court for sentence unless they propose to deal with the matter by fine or discharge
