13. Youths Flashcards by C T

The role of parents / guardians in youth proceedings

A juvenile appearing before the youth court who is aged under 16 must be accompanied by their parents or guardian during each stage of the proceedings, unless the court is satisfied that it would be unreasonable to require such attendance.
- for juveniles of 16 / 17 the court will decide whether to order this
- parents play an active role in proceedings, court will want to hear their views and may direct questions to them

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Primary aim of the youth justice system

Prevent offending by children and young persons

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People allowed to attend a hearing in the youth court

district judge / youth justices
court staff (court clerk and usher)
juvenile and his parents or guardian
CPS representative
juvenile’s solicitor
representative from YOT
members of the press (restrictions)
Social workers
Social care workers

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Restrictions on members of the press who attend youth court proceedings

Cannot report name / address / details which would identify the juvenile or others
Restrictions end when they reach 18
restrictions for victims / witnesses are lifelong

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Does the court have the power to get rid of restrictions on reporting for the press wrt juveniles?

Yes, if the court thinks it is in the public interest (but it should not be done punitively - name and shame)

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Representation Orders for Youth Offenders: which tests do they need to satisfy

Interests of justice test (same for adults)
Do not need to satisfy means test if they are under 18

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Role of the Youth Offending Team in youth court

at least 1 member will attend each sitting, assisting the court with:
1. investigating and confirming personal circumstances and previous convictions of juveniles
2. providing support for juveniles granted bail
3. preparing pre-sentence reports; and
4. administering any non-custodial sentence imposed by the youth court

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Who hears cases in the youth court?

The youth court is part of the magistrates court - so hearings in youth court take place before district judge or bench of youth justices

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What is a persistent young offender - why is this distinction important?

a juvenile who has been sentenced on three separate occasions for one or more recordable offences (offence where they may receive a custodial sentence) - PYOs have their cases expedited to youth court so they may be dealt with ASAP

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Who gives sworn evidence in the youth court? Who does not?

Juveniles (and child witnesses) usually referred to by their first names and witnesses ‘promise’ rather than swear to tell the truth
- those under 14 must give unsworn evidence

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How do directions differ in proceedings within the youth court (from normal magistrates proceedings)

both have standard directions which are normally the same UNLESS
if juvenile is a PYO, magistrates will issue revised directions to ensure an expedited trial takes place

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If a juvenile is charged with an offence when aged 17, but turns 18 prior to their first appearance in the youth court, are they still seen in the youth court?

No, the youth court no longer has jurisdiction so their case is sent to the adult magistrates court

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If a former juvenile’s case is transferred to the MC because they have since ‘aged out’ of the youth court - which court’s sentencing powers will they be subject to?

Full range of sentencing powers in the MC

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What happens if a juvenile makes his first appearance in the youth court before their 18th birthday, but becomes 18 whilst the case is ongoing?

The youth court can decide to remit case to MC or retain the case
- if they retain, they will have full sentencing powers of adult MC when dealing with juvenile

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When must a juvenile’s case be sent to the Crown Court?

Homicide Offences
Firearms offences (if J is 16)

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What is a ‘grave crime’

‘Grave’ crimes are offences for which an offender aged 21 years or over may receive a custodial sentence of 14 years or more (such as robbery, rape, assault by penetration, s 18 GBH), together with a number of specific sexual offences, including sexual assault

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When MAY the youth court send a case to the CC

Grave crimes (if they consider their sentencing powers would be insufficient)
Specified offences (if juvenile is a dangerous offender)
If they are being charged jointly with an adult who is in the CC, and the YC believes it is in the interests of justice to send J to the CC as well

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What happens if a juvenile has been charged jointly with an adult who is being dealt with in the MC - will they remain in the YC or join the adult in the MC?

the adult and juvenile will be tried together in the adult magistrates’ court.
- but MC will normally remit to YC for sentence unless they are satisfied with a fine or discharge (will just do this themselves)

When does the plea before venue and allocation procedure apply to juvenile defendants

If the case is such that the YC MAY choose to send the case to the CC
- then J will be asked to indicate their plea in the YC

Next steps: Juvenile indicates a guilty plea in the YC for a crime that would allow the YC to send the youth to the CC

the youth court will either sentence the juvenile or send them to the Crown Court for sentence where they believe their sentencing powers would be inadequate (ie the juvenile will receive a detention and training order in excess of 24 months)

Next steps: Juvenile indicates a not-guilty plea in the YC for a crime that would allow the YC to send the youth to the CC

Similar allocation procedure to MC for an either-way offence
Youth court will only decline jurisdiction and send to CC if their sentencing powers would be inadequate if juvenile were to be convicted

If a juvenile is charged with a grave offence / another offence which would allow the YC to send them to the CC, can they elect for a trial in the CC if they so choose at the plea before venue hearing?

No, juveniles have no right of election so cannot choose to go to the CC if the MC accepts jurisdiction

1976 Bail act: what powers are given to the youth court to remand a juvenile?

The YC can remand a juvenile:
a. on bail (with or without conditions)
b. into local authority accommodation or
c. in the case of 17-year-olds, into custody

Relevance of the Youth Offender Team’s report to the bail decision

The youth court is normally aided by a YOT report about the juvenile’s antecedents and record wrt any previous grants of bail, report also discusses juvenile’s home situation and attendance record at school, college or work

If the youth court refuses bail: two options

1. remand them to local authority accommodation or 2. remand them to youth detention accommodation

When will a juvenile refused bail be remanded at a local authority accommodation

1. this is the starting point of consideration for all offenders (and 10-11 year olds can only use this option) 2. only decide NOT to remand here and at detention center if certain conditions are met

Conditions to remand juvenile in a youth detention accommodation

1. juvenile aged 12-17 2. must usually have legal representation 3. and one of the following apply: i. offence must be either violent or sexual in nature (or one where an adult could be punished with 14 years in prison or more) and it is ‘very likely’ the child will get a custodial sentence OR ii. juvenile has a recent and significant history of absconding while remanded to local authority accommodation or youth detention accommodation OR iii. a recent and significant history of committing imprisonable offences whilst on bail or remand 4. Court must believe this remand is necessary to protect public from injury / prevent commission of further offences or when the risk posed by the child cannot be managed in the community

Role of the YOT's pre-sentence report

- Court will address pre-sentencing YOT report (which will detail the juvenile’s suitability for the sentence the court says they are likely to get) - YC may either adjourn sentencing hearing to enable preparation of report or ask YOT member present to prepare a ‘stand down’ report so sentencing can take place without adjournment

When will a sentencing court make a 'referral order'

A referral order must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence) and who has never previously been convicted or bound over by a court, unless the court is proposing either to impose a custodial sentence or to make an absolute discharge.

Must a referral order be made if the juvenile enters a mixed-plea for a series of offences?

It does not have to be but the court can decide to

Process of a referral order

- The youth will be referred to a youth offender panel (member of YOT and two community volunteers) who will speak to juvenile and family with the aim of - stopping further offending - helping juvenile right the right - helping juvenile with any problems they have - the panel agrees a ‘youth offender contract’ with the juvenile, which is a programme of behaviour designed to prevent re-offending **and will last between 3-12 months** with terms agreed between panel and juvenile (not court)

Youth rehabilitation Orders

The requirements are similar but not identical to the requirements that can be attached to an adult community order

Detention Training Orders

Only type of custodial sentence which can be imposed by the youth court

Does the youth court have the power to suspend detention and training orders?

Who cannot get a detention and training order

- juveniles aged 10-11 - juveniles aged 12-14 who are NOT persistent young offenders

Length of a detention and training order

detention and training orders may now be ordered to run for at least four months but must not exceed a total of 24 months

Importance of the pre-sentence report from the YOT wrt detention and training orders

Can only be imposed if YOT outlines this a possible sentencing option in their pre-sentence report

Requirements for imposing a detention and training order

Should not be imposed unless offence (or offence and others associated with it) are so serious that fine / community sentence along cannot be justified - or whether a PRO with intensive supervision would be inappropriate (providing reasons)

Process of a youth detention order: what happens next

- After the court makes the order, juvenile is held in a young offender institution for one half of the period of the order (and then released into community under supervision of the YOT for the second half) - with degree of supervision decided by the YOT - Breaching supervision element can lead to further punishment

Rights of appeal for a juvenile in 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

Can the youth court order a fine on a youth? - Conditions?

yes - If the youth is under 16 the fine must be paid by the parents

When must a referral order be made?

A referral order must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence, which assault does) and who has never previously been convicted or bound over by a court, unless the court is proposing either to impose a custodial sentence or to make an absolute discharge.

Can a juvenile give consent to the identification officer to take part in an identification procedure?

If the youth is under 14, they cannot give consent so their parents must If the youth is over 14 - both they and their parents must consent