13. Youths Flashcards
(43 cards)
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
Primary aim of the youth justice system
Prevent offending by children and young persons
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
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
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)
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
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
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
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
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
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
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
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
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
When must a juvenile’s case be sent to the Crown Court?
Homicide Offences
Firearms offences (if J is 16)
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
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
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
