21: Youth Court Flashcards
1
Q
What is an adult?
A
aged 18 or older.
2
Q
In sentencing, wht is an adult classed as?
A
In sentencing, adult can mean 21 = age D becomes liable for imprisonment
3
Q
What is a young person?
A
aged 14 to 17 inclusive.
4
Q
What is a child classed as?
A
person under 14 years
5
Q
What is the age of criminal responsibility
A
irrebuttable presumption = under 10 cannot be guilty. Fall under no court jurisdiction.
6
Q
What type of court is a youth court?
A
special type of Mags court.
7
Q
When MUST a child/young person be tried in the CC?:
A
- Homicide; or
- Certain offences to which mandatory min sentence apply
8
Q
When MAY a child/young person be tried in the CC?:
A
- 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.
9
Q
Do the usual modes of allocation apply when the D is under 18?
A
Usual rules of allocation DO NOT apply where D is under 18.
10
Q
Youth courts can try offences which (in adults) are triable only on indictment with exception of:
A
- Homicide; and
- Certain firearms offences
11
Q
When MAY D be tried summarily for indictable offence?
A
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.
12
Q
If a D is under 18, what right does he loses?
A
D under 18 has NO RIGHT to elect CC trial.
13
Q
Exclusion of public: public excluded from courtroom of youth court. Only persons permitted:
A
- 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.
14
Q
Where C/YP appears in adult Mags or CC, public has right to be present unless
A
court holds it should be in private.
15
Q
When must a parent/guardian attend a Youth court?
A
= 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.
16
Q
When MAY a parent/guardian attend a Youth court?
A
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.
17
Q
What is a Guardian?
A
any person who has the care of C/YP
18
Q
What is a Parent?
A
includes adopter
19
Q
Words “conviction” and “sentence” are NOT used for
A
for C/YP who are tried summarily. Instead = “finding of guilty” and “order made on a finding of guilt.
20
Q
When are words of:
“finding of guilty” and “order made on a finding of guilt”
applied?
A
This applies in:
- Proceedings in YC; and
- Proceedings against C/YP in adult Mags
NOT to proceedings on indictment
21
Q
When are words of:
“finding of guilty” and “order made on a finding of guilt”
NOT applied?
A
NOT to proceedings on indictment
22
Q
The YC is intended to be less formal than adult Mags, e.g:
A
- 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.
23
Q
PLEA BEFORE VENUE = PBV applies where court would be required to send C/YP to CC because:
A
- Adult co-accused; or
- S91 offence
24
Q
PLEA BEFORE VENUE =
the PBV does NOT apply where:
A
The PBV does NOT apply where C/YP charged with homicide.
25
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.
26
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.
27
PBV procedure can be determined without C/YP where:
1. Legally represented; and
2. Court considers that
1. Because of D’s disorderly conduct before court
2. Not practicable for proceedings to be conducted in his presence; and
3. 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.
28
**_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.
29
**_C/YP CHARGED WITH ADULT – INDICT OFFENCE_**
MUST , if interests of justice, send C/YP to CC for indictable offence
REQUIREMENTS
1. Court sends adult for trial
2. 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.
30
Can a C/YP elect for a trial in the CC?
The C/YP does NOT have right to elect trial in CC.
31
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.
32
D under 18, where possible be tried in YC. Where jointly charged with A, factors include:
1. Age gap
2. Comparative culpability; and
3. Previous convictions;
4. Whether trial can be served without injustice or undue inconvenience to witnesses/case
33
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.
34
**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:
1. Absolute/conditional discharge
2. Fine (up to £1,000 where D is 14; up to £250 for one who has not)
3. Parental bind over
4. Ancillary orders
5. 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.
35
**_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:
## Footnote
* Adult = guilty*
* Child pleads not guilty =*
Mags decide if trial in either Mags or YC;
36
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.
37
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
38
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
39
**_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:
## Footnote
*A pleas guilty + C/YP not guilty =*
Adult Mags MAY try C/YP or remit to YC.
40
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.
41
***_INDICTABLE OFFENCE AGAINST A_***
*A at PBV pleads guilty =*
child treated as under summary offence
42
***_INDICTABLE OFFENCE AGAINST A_***
A at PBV pleads not guilty + trial is summary =
child treated as under summary offence
43
***_INDICTABLE OFFENCE AGAINST A_***
A at PBV pleads not guilty + trial is CC =
Mags send A to trial. If sent to CC, may send C/YP to CC if jointly charged with indictable offence if necessary in interests of justice.
44
***_INDICTABLE OFFENCE AGAINST A_***
How to determine age?
**_DETEMRINING AGE =_** Where D under 18 is brought to court, court MUST make “due inquiry” as to his age. Any order/judgment of court is NOT invalidated by subsequent proof person’s age was incorrect. Person is deemed to be the age she is presumed/declared.
45
What is the court of first appearance?
YOUTH COURT UNLESS:case is exceptional where first appearance is adult Mags.
46
**_COURT OF FIRST APPEARANCE =_** YC unless case is **exceptional** where first appearance is adult Mags. Exceptional circumstances are:
1. Jointly charged with A; or
2. Charged with aiding and abetting an adult; or
3. C/YP charged with offence arising out of circumstances which are the same as those with A.
47
**_DETERMINING PLACE OF TRIAL C/YP_**
C/YP accused of homicide =
MUST be tried in CC
48
DETERMINING PLACE OF TRIAL C/YP
Charged with firearms offence =
MUST be tried CC
49
**_DETERMINING PLACE OF TRIAL C/YP_**
Accused s91 offence (i.e. offence carrying 14 years imprisonment) =
* MAY, depending whether sentence in excess 2 years likely appropriate, be heard in CC
50
**DETERMINING PLACE OF TRIAL C/YP**
Charged with “specified offence” (so dangerous offender) =
MAY be heard in CC if dangerous
51
**DETERMINING PLACE OF TRIAL C/YP**
Where C/YP charged jointly with A =
* MAY be sent to CC where necessary in interests of justice.
52
C/YP MAY take place in adult Mags, but only where
charged alongside A being tried in Mags.
53
TRIAL ON INDICTMENT - Unless C/YP sent to CC, he
## Footnote
**where tried?**
MUST be tried summarily
54
**_DETENTION AND TRAINING ORDERS_**
Normal CS for young offenders – DTO.
DTO Max –
24 months (12 in custody, 12 supervision)
55
**DETENTION AND TRAINING ORDERS**
**What happens if D is:**
**under 15**
**under 12?**
**Where D under 15,** a DTO can only be imposed if he is a “persistent offender”
**D under 12,** a DTO NOT available.
56
**_S91 CASES_**
Where:
1. C/YP is at least 10 years, and convicted of offence carrying 14 years imprisonment for adults;
2. C/YP convicted of sexual offence
What is ordered?
CC may order C/YP be detained for period not exceeding maximum. If C/YP plead not guilty, Mags must consider if found guilty, C/YP could be sentenced under s91, if so, he must be sent to CC.
Where C/YP charged with multiple offences, s91 applies to some but not all, court when considering seriousness may consider the combination if associated offences. CC may only order long-term detention to those offences to which s91 applies.
57
DECIDING ALLOCAITON WHERE S91 APPLIES = Court should
hear submissions from pro and def before deciding whether to send to CC or retain jurisdiction in YC. Evidence about gravity of offence is NOT appropriate at this stage. When deciding whether to send C/YP to be tried in CC where s91 applies, court is entitled to know of previous findings of guilt.
58
**_DANGEROUS OFFENDERS_**
* Extended sentences:*
* Conditions for this:*
1. Offence is “specified offence”; and
2. C/YP if found guilty of offence; and
3. There is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences,
The court MUST send D to CC for trial.
59
**_DANGEROUS OFFENDERS_**
*Extended sentences*
If appropriate custodial term is **_AT HOW MANY YEARS_**, court MAY impose an extended sentence so D is under licence following release from custody for extended period to protect members of public from serious harm
at least 4 years
60
**_DANGEROUS OFFENDERS_**
*Extended sentences:*
It is rare that C/YP will be sent to CC being dangerous offender, and should be exercised only where:
1. Sufficient info about:
1. Nature + circumstances of D
2. Offence and pattern of behaviour enables the court to assess D as dangerous; and
2. in the interests of justice for D to be tried on indictment.
61
**_COMMITAL FOR SENTENCE_**
YC has all sentences + orders, except long-term detention available only to CC. Principle sentences:
1. DTO
2. Fines – limited max £1000 where D is 14 – 17, and max £250 where D is 10 to 13
3. Youth rehabilitation orders
4. Referral orders and reparation orders; and
5. Absolute and conditional discharged
6. Ancillary orders, e.g. comp orders. Max compensation under 18 = £5,000. Where D convicted of several offences, max £5,000 for each separate conviction.
7. Parenting order or binding the parents over
62
DTOS – Available to what courts?
YC and CC where under 18 + convicted of offence punishable with imprisonment in adult. Where D = 17 at conviction, but 18 when sentenced, sentence takes place as DTO rather than in Young offenders institution.
63
Court MUST NOT make DTO
if:
* where under 15 at date conviction, unless = persistent offender
* Where under 12,at date conviction, unless =
* opinion that CS is adequate to protect public;
64
Court MUST NOT make DTO
- where under 15 at date conviction, unless =
persistent offender
65
A DTO cannot be imposed on offender aged
10 or 11 at date of conviction.
66
DTO min period =
4 months
67
DTO max period =
24 months.
68
Where court would otherwise have imposed DTO for 4 months, but mitigation, court cannot impose DTO at all. Terms of less than 4 months cannot be
aggregated so as to reach 4 months. DTOs can be consecutive.
69
**_YOUTH REHABILITATION ORDER_**
Community sentence =
community order or youth rehabilitation order.
70
**_YOUTH REHABILITATION ORDER_**
**_What is :_**Youth rehabilitation order ?
appropriate community sentence for offenders under 18.
71
**_YOUTH REHABILITATION ORDER_**
Where D under 18 when convicted, court MAY impose following requirement:
1. activity requirement
2. supervision requirement
3. where D aged 16 or 17 at time of conviction = unpaid work requirement
4. programme requirement
5. attendance centre requirement
6. prohibited activity requirement
7. curfew requirement
8. exclusion requirement
9. residence requirement
10. local authority residence requirement
11. mental health treatment requirement
12. drug treatment/testing requirement
13. intoxicating substance treatment requirement
14. education requirement
A YRO may also: impose an electronic monitoring requirement and MUST where curfew and exclusion requirement unless inappropriate.
72
**_REFERRAL ORDER_**
A YC, or an Adults Mag, when dealing with offender under 18, whom **this is his first conviction** = is in certain circumstances **required** to
sentence the offender by referring him to the youth offender panel. Otherwise the court has discretion.
73
What court cannot make a referral order?
The CC CANNOT make a referral order.
74
What is the The Youth offender panel =?
people with an interest or expertise in dealing with young people. Panel agreed a “contract” with offender and family aimed at tackling offending behaviour.
75
What is the Youth offender panel
"Contract"
Contract may include:
1. young offender required to apologise; and
2. carry out some form of reparation
These requirements are _specified by the youth offender panel_ rather than sentencing court.
76
**_REQUIREMENT TO REFER + POWER TO REFER_** – Court is required to make referral order where:
1. D is under 18 where neither offence/connected offence where sentence is fixed
2. Not proposing to pass CS or hospital order
3. Not proposing to grant absolute or conditional discharge
4. Compulsory referral conditions satisfied (below); and
1. Pleaded guilty to offence; and
2. Has never been convicted
5. Arrangements have been made
77
Compulsory referral conditions =
CONDITIONS
where offence is punishable with imprisonment and offender:
1. Pleaded guilty to offence + connected offence
2. Never been convicted before.
78
When does the court have a power to make a referral order but no requirement to?
**_DISCRETION =_** if:
1. Offender dealt with by court for offence whether or not punishable with imprisonment; and
2. D pleaded guilty
79
**_Making of referral order_**.
The referral order must specify:
1. Relevant youth offending team responsible for implementing order;
2. Require offender to attend each appropriate meetings of panel; and
3. Specify period (compliance period) the youth offender contract
80
**_Making of referral order_**.
Min compliance period =
3 months
81
Making of referral order.
Max compliance period =
one year
82
**When Child or Young Person is Charged with an adult:**
## Footnote
_IF CHILD/YOUNG PERSON PLEADS **GUILTY**_
What are the **four** options:
* Remit to the Youth Court for Sentence
* Commit to the Crown Court for sentence _if the child/young person is a **dangerous offender**_
* Commit to Crown Court for sentence if **s91 applies** AND **Court decides the offence requires long term detention**
* Magistrates' Court can sentence but limited to:
* absolute discharge
* conditional discharge
* a fine (up to £1,000 for young person who is at least 14 and up to £250 for a child under 14)
* Requiring the C/YP's parent to enter into a recognizance to keep proper control of them
* a referral order
83
**When Child or Young Person is Charged with an adult:**
IF CHILD/YOUNG PERSON PLEADS **NOT GUILTY +** ADULT is due to have **SUMMARY TRIAL**
**---** if C/YP is **JOINTLY CHARGE =**
MUST be
tried together in **_ADULTS MAGISTRATES' COURT_**
84
**When Child or Young Person is Charged with an adult:**
IF CHILD/YOUNG PERSON PLEADS **NOT GUILTY** + ADULT is due to have **SUMMARY TRIAL**
--- if ADULT + C/YP charged with **aiding + abetting** or **linked offences =** the court:
Has a **discretion** to try the C/YP with the adult or they may remit to the YC for trial
85
**When Child or Young Person is Charged with an adult:**
IF CHILD/YOUNG PERSON PLEADS **NOT GUILTY** + ADULT is due to have **SUMMARY TRIAL**
If **adult pleads GUILTY** at any stage **+ C/YP** maintains **NOT guilty plea ====**
The Mags court MAY try C/YP on their own
OR
They can remit the matter to the YC for trial
86
**When Child or Young Person is Charged with an adult:**
IF CHILD/YOUNG PERSON PLEADS **NOT GUILTY** + ADULT is due to have **CROWN COURT TRIAL**
Where C/YP **JOINTLY CHARGED** with SAME or RELATED offence, proceed to determine allocation of C/YP. The Mags MUST consider:
**if in the interests of justice** for the C/YP to be tried at the crown court with the adult.
87
**When Child or Young Person is Charged with an adult:**
IF CHILD/YOUNG PERSON PLEADS **NOT GUILTY** + ADULT is due to have **CROWN COURT TRIAL**
Where C/YP JOINTLY CHARGED with SAME or RELATED offence, proceed to determine allocation of C/YP.
IF - In interests of justice, Court MUST:
MUST send forthwith to Crown Court
Court MAY also send any related indictable offences of summary offences which are imprisonable or carry disqualification from driving.
CC has NO power to remit the case to the YC even where adult pleads guilty
88
**When Child or Young Person is Charged with an adult:**
IF CHILD/YOUNG PERSON PLEADS **NOT GUILTY** + ADULT is due to have **CROWN COURT TRIAL**
Where C/YP JOINTLY CHARGED with SAME or RELATED offence, proceed to determine allocation of C/YP.
IF - **NOT In interests of justice**, Court :
Mags court MAY trial C/YP on their own
OR
they can refer the matter to the YC for trial.
89
Where the Mags sentence a C/YP, they have the following limited sentencing powers:
1. Absolute/Conditional discharge
2. fine
3. parental bind order
4. ancillary orders
5. adult mags can also make a referral order
90
A C/YP MUST be tried summarily in YC unless sent to CC or charged with adult.
When **_MUST_** he be sent to the CC?
And what is the first hearing?
**First hearing =** in Youth Court (no PBV)
* If charged with homicide offence
* if they are charged with a firearms offence where the Firearms Act applies/ or using someone to mind a weapon
91
A C/YP MUST be tried summarily in YC unless sent to CC or charged with adult.
## Footnote
When **MAY** he be sent to the CC?
And what is the first hearing?
**First hearing =** in Youth Court to determine venue
* If charged with s91 offence (i.e. the offence would carry at least **14 years** imprisonment if he were adult **_OR_** it is an offence specified in s91 offence, a PBV must take place
* If court thinks **is a real possibility** that a sentence over 24 months would be imposed, C/YP MUST be sent to CC if NG plea or committed for sentence if G plead
* If no real possibility = remain in YC
* If charged with **"specified offence"** court MUST consider if **likely to be found dangerous.**
* **yes =** MUST go to CC for trial
* NO = Remain in YC
* They can have trial in YC + if later clear they are dangerous, court can commit for sentence.
N.B = C/YP finding of guilt in YC they can be committed for sentence if s91 requires
92
A C/YP MUST be tried summarily in YC unless sent to CC or charged with adult.
When **MAY** he be tried in **adult Mags Court or CC?**
And what is the first hearing?
**First hearing =** in ADULT mags court
1. Where C/YP charged with an **adult** - first hearing is in the adult mags court where a PBV will take place
93
EXAMPLE
**Adult sent to CC for trial on INDICTABLE MATTER**
- where: C/YP pleads
Where **CHARGED JOINTLY with adult on** INDICTABLE OFFENCE or related indictbale offence
Mags has PBV for C/YP
94
EXAMPLE
## Footnote
Adult sent to CC for trial on INDICTABLE MATTER
- where: C/YP pleads NOT guilty:
**What happens:**
Mags consider if **in interests of justice** for C/YP to be tried at CC with adult.
**In interests of justice =** C/YP sent with adult to CC for trial. MAY send any _related_ indicatble or summary offence (sum offence MUST be imprisonable or carry disqualification from driving)
CC has no power to remit C/YP bad to YC (even if adult PG in CC), so C/YP tried alone in CC
**NOT in the interests of justice =** Mags MAY try C/YP or remind YC to trial.
95
EXAMPLE
Adult sent to CC for trial on INDICTABLE MATTER
- where: C/YP pleads guilty:
**what happens:**
Mags:
1. Make order on finding of guilt
2. Remind to YC for order on finding of guilt
3. If S91 offence, MAY commit to CC for sentence
96
EXAMPLE
Adult pleads **NOT GUILTY** and had **SUMMARY TRIAL** in Mags
Where takes the plea from C/YP?
Mags
97
EXAMPLE
Adult pleads **NOT GUILTY** and had **SUMMARY TRIAL** in Mags
**C/YP pleads NOT GUILTY:**
**What happens:**
If adult + C/YP **jointly charged** = MUST be tried jointly in adult Mags.
If adult + C/YP charged with **aiding and abetting** or **linked offences**: Court had **discretion** to try C/YP or may remit to YC for trial.
98
EXAMPLE
Adult pleads **NOT GUILTY** and had **SUMMARY TRIAL** in Mags
C/YP pleads NOT GUILTY:
What happens if there is a **finding of guilty** following trial in an adult Mags Court, Mags MAY:
1. Mags may make order on finding of guilty
2. remit to the YC for an order on the finding of guilty
3. commit to CC if dangerous offencer
4. Commit to CC if s91 applies
99
EXAMPLE
Adult pleads **NOT GUILTY** and had **SUMMARY TRIAL** in Mags
C/YP pleads **GUILTY**:
Mags can:
1. Make order on the finding of guilty
2. Remit to YC to make an order on the finding of guilty
3. If s91 = may commit to CC for sentence
4. if dangerous offender MUST commit to CC for sentence
100
EXAMPLE
Adult pleads **GUILTY** before **MAGS**
Where is the plea taken from C/YP?
Mags
101
EXAMPLE
Adult pleads **GUILTY** before **MAGS**
- C/YP pleads **NOT GUILTY**
Mags MAY:
1. Try C/YP
2. Remit C/YP to youth court for trial (more likely)
102
EXAMPLE
Adult pleads GUILTY before MAGS
- C/YP pleads NOT GUILTY
**what happens if finding of guilt** following adult Mags court?:
1. Make an order on the finding of guilt
2. remit YC for such an order
3. **_must_** commit to CC if dangerous offender
4. Commit to CC if s91 applies
103
EXAMPLE
Adult pleads GUILTY before MAGS
- C/YP pleads **GUILTY**
Mags MAY
1. make order on finding of guilt
2. remit to YC to make order on finding of guilt
3. If s91 offence. may commit to CC for sentence
4. **MUST** commit to CC if dangerous offender
