21: Youth Court Flashcards
What is an adult?
aged 18 or older.
In sentencing, wht is an adult classed as?
In sentencing, adult can mean 21 = age D becomes liable for imprisonment
What is a young person?
aged 14 to 17 inclusive.
What is a child classed as?
person under 14 years
What is the age of criminal responsibility
irrebuttable presumption = under 10 cannot be guilty. Fall under no court jurisdiction.
What type of court is a youth court?
special type of Mags court.
When MUST a child/young person be tried in the CC?:
- Homicide; or
- Certain offences to which mandatory min sentence apply
When MAY a child/young person be tried in the CC?:
- Offences carrying at least 14 years imprisonment, together with those specified in s91; or
- Offence falls within “dangerous offender” provisions; or
- Alongside an adult accused
C/YP MAY be tried in adult Mags if charged alongside adult accused.
Do the usual modes of allocation apply when the D is under 18?
Usual rules of allocation DO NOT apply where D is under 18.
Youth courts can try offences which (in adults) are triable only on indictment with exception of:
- Homicide; and
- Certain firearms offences
When MAY D be tried summarily for indictable offence?
Where adult can never be tried summarily for offence triable on indictment + ALWAYS has right to elect trial on indictment, D under 18 MAY be tried summarily for indictable offence, whatever his wishes as to allocation.
If a D is under 18, what right does he loses?
D under 18 has NO RIGHT to elect CC trial.
Exclusion of public: public excluded from courtroom of youth court. Only persons permitted:
- Court officers
- Parties to case + their legal reps
- Witnesses
- Media reporters (but NOT to take photographs or to film)
- Anyone else directly concerned (probation officer/social worker); and
- Other person court specifically authorises.
Where C/YP appears in adult Mags or CC, public has right to be present unless
court holds it should be in private.
When must a parent/guardian attend a Youth court?
= If D under 16, court MUST (and if D 16 or 17 MAY), require parent/guardian to attend during all stages of proceedings, unless unreasonable, having regard circumstances.
When MAY a parent/guardian attend a Youth court?
If D is 16 or 17, court MAY require parent/guardian to attend during all stages of proceedings, unless unreasonable, having regard circumstances.
If D = 16 or 17, court MAY make such order.
What is a Guardian?
any person who has the care of C/YP
What is a Parent?
includes adopter
Words “conviction” and “sentence” are NOT used for
for C/YP who are tried summarily. Instead = “finding of guilty” and “order made on a finding of guilt.
When are words of:
“finding of guilty” and “order made on a finding of guilt”
applied?
This applies in:
- Proceedings in YC; and
- Proceedings against C/YP in adult Mags
NOT to proceedings on indictment
When are words of:
“finding of guilty” and “order made on a finding of guilt”
NOT applied?
NOT to proceedings on indictment
The YC is intended to be less formal than adult Mags, e.g:
- D sits on chair, not in dock
- D has parent/guardian near
- D addressed by first name
- Oath taken by witnesses is to “promise”, not swear, to tell the truth.
Mags talk directly to C/YP + their parent/guardian. When finding guilty, Mags should talk directly to C/YP.
PLEA BEFORE VENUE = PBV applies where court would be required to send C/YP to CC because:
- Adult co-accused; or
- S91 offence
PLEA BEFORE VENUE =
the PBV does NOT apply where:
The PBV does NOT apply where C/YP charged with homicide.
PLEA BEFORE VENUE =
the PBV MUST apply where:
PBV MUST occur where possibility C/YP would be tried in CC because charged alongside an adult or s91 offence.
What is the next route where D is charge
or
where it is a s91 offence?
At PBV, if D pleads guilty, guilty plea entered and Mags sentence. If offence is s91, Mags MAY commit D to CC for sentence, if they think their powers are insufficient.
At PBV, if D pleads not guilty (or no indication) = Mags determine allocation. If C/YP charged alongside adult who is tried in CC, mags consider if necessary in interests of justice for C/YP to be sent to CC too.
PBV procedure can be determined without C/YP where:
- Legally represented; and
- Court considers that
- Because of D’s disorderly conduct before court
- Not practicable for proceedings to be conducted in his presence; and
- It should proceed without D.
Here, legal rep should enter plea on behalf D (if guilty plea = this is the plea accepted). PBV can be adjourned. Where D present, adjournment can take form of remand. PBV exercised by single judge.
C/YP CHARGED WITH ADULT – INDICT OFFENCE
If JOINTLY CHARGED with adult for same or related offence.
The court MUST OR MAY:
Send to CC
The court MUST, if in interests of justice, send C/YP to CC for indictable offence.
C/YP CHARGED WITH ADULT – INDICT OFFENCE
MUST , if interests of justice, send C/YP to CC for indictable offence
REQUIREMENTS
- Court sends adult for trial
- C/YP charge jointly with A with indictable offence or one connected
Court MUST if in interests of justice, send C/YP to CC for indictable offence.
Can a C/YP elect for a trial in the CC?
The C/YP does NOT have right to elect trial in CC.
Where C/YP not guilty plea, court invites
WHO TO DO WHAT?
court invites reps from pros AND defence on whether it is necessary in interests of justice to send D to CC. This is a balance of interests: interests to be a joint trial, but C/YP might find it traumatic.
D under 18, where possible be tried in YC. Where jointly charged with A, factors include:
- Age gap
- Comparative culpability; and
- Previous convictions;
- Whether trial can be served without injustice or undue inconvenience to witnesses/case
When is there no power to remit the case to the Youth Court?
where A and C/YP jointly charged + adult tried in CC and Mags decide it is in interests of justice for C/YP to be tried in CC, CC has NO POWER to remit C/YP back to YC for trial.
This is so even if A pleads guilty in CC and so C/YP will be tried alone in the CC.
C/YP NOT sent with A to CC = Where Mags consider not in interests of justice. Where Mags sentence C/YP, they have following limited powers:
- Absolute/conditional discharge
- Fine (up to £1,000 where D is 14; up to £250 for one who has not)
- Parental bind over
- Ancillary orders
- Adult mags court can also make referral order
If these are not appropriate, justices will remit C/YP to YC for sentencing. Where in the YC, a referral order would be mandatory, adults Mags MAY remit him for trial to YC. If C/YP pleads not guilty, adult Mag may either try accused or remit him for trial in YC.
ADULT CO-ACCUSED – TRIED SUMMARILY – If C/YP charged with A, both appear at Mags. Mags determine which court tries A. If Mags try A, they take plea from both C/YP + A. If:
- Adult = guilty*
- Child pleads not guilty =*
Mags decide if trial in either Mags or YC;
ADULT CO-ACCUSED – TRIED SUMMARILY – If C/YP charged with A, both appear at Mags. Mags determine which court tries A. If Mags try A, they take plea from both C/YP + A. If:
Child pleads guilty =
Mags sentence C/YP or sent to YC if their powers inappropriate.
ADULT CO-ACCUSED – TRIED SUMMARILY – If C/YP charged with A, both appear at Mags. Mags determine which court tries A. If Mags try A, they take plea from both C/YP + A. If:
Child plead guilty at PBV –
Mags remit to YC if sentence which A can impose is inappropriate
ADULT CO-ACCUSED – TRIED SUMMARILY – If C/YP charged with A, both appear at Mags. Mags determine which court tries A. If Mags try A, they take plea from both C/YP + A. If:
Adult and child plead NOT GUILTY
adult Mags MUST try him
ADULT CO-ACCUSED – TRIED SUMMARILY – If C/YP charged with A, both appear at Mags. Mags determine which court tries A. If Mags try A, they take plea from both C/YP + A. If:
A pleas guilty + C/YP not guilty =
Adult Mags MAY try C/YP or remit to YC.
ADULT CO-ACCUSED – TRIED SUMMARILY –
What happens if C/YP is charged with aiding and abetting?
Where C/YP charged with aiding+ abetting the A = Adult Mags has discretion to try them both if both plead not guilty.
INDICTABLE OFFENCE AGAINST A
A at PBV pleads guilty =
child treated as under summary offence