21. Youth courts and the appearance of youths in other courts Flashcards
Who are adults/children/young persons for the purposes of the categorisation of people in the courts?
Adults:
(a) For mode of trial and procedure, those aged 18 or over
(b) For sentence, those aged 21 or over
Child:
(a) A person under the age of 14 years. This is so whether under the CYPA (children and young person’s act) 1933 or the CYPA 1969
Young person:
(a) A person who has attained 14 and is under 18.
Thus, can be summarised as: under 14 (child) < young person < over 18 (adult)
Do the normal rules governing allocation (aka mode of trial) apply for youths?
No, they do not for those under 18.
They are tried and sentence in youth courts (mags courts).
Therefore, trial in the youth court is merely a form of summary trial, even though there are special rules governing its procedures.
The youth court will try all cases, including indictable only offences, except toffences of homicide and certain firearms offences.
An accused under 18 has no right to elect crown court. If they are sent there, it is because the magistrates have decided they should not accept jurisdiction.
In summary:
(a) a child or young person either MUST be tried in the Crown Court if charged:
(i) with homicide, or
(ii) with certain offences to which mandatory minimum sentence provisions (e.g., the SA 2020, s. 311) apply, if applicable in the instant case;
(b) a child or young person MAY be tried in the Crown Court if charged:
(i) with an offence to which the SA 2020, s. 249, applies (offences carrying at least 14 years’ imprisonment in the case of an adult, together with those specified in s. 249 itself ), or
(ii) with an offence which falls within the ambit of the ‘dangerous offender’ provisions of the SA 2020 (see E16), or
(iii) alongside an adult accused;
(c) a child or young person MAY be tried in an adult magistrates’ court if charged alongside an adult accused.
Can members of the public attend the youth court?
No. they are excluded. The only persons allowed to be permitted are:
(a) Members of the court and court officials
(b) Parties to the case and their legal reps (lawyers for other parties cannot enter)
(c) Witness and other persons directly concerned in that case (they are allowed to remain after evidence)
(d) Bona fide press (they are subject to strict reporting restrictions)
(e) Any other people involved in the case (e.g. probation officers or social workers); and
(f) Such other persons as the court may specially authorise to be present
What may the court dealing with a youth do in respect of their parents (not for sentencing, this is just about during the process)?
It may order, and must where the accused is under 16, order the attendance of a parent or guardian unless and to the extent the court is satisfied it would be unreasonable to.
Guardian includes those who cares for the child and parent includes adopters. Where the local authority has parental responsibility, their representative (and potentially also the parent) must be required to attend.
How does the trial of a youth in the youth court work?
It is essentially the same as a summary trial.
Conviction and sentence are not to be used. Instead, ‘finding of guilt’ and ‘order made on a finding of guilt’ are used. This applies both to proceedings in he youth court and proceedings against children and young people in the adult mags court. It does not apply to proceedings on indictment.
Procedure is less formal. The accused sits on a chair, not in a dock, and usually has a parent or guardian sitting near-by. The accused and any young witnesses are addressed by their first names. The oath taken is to promise (not swear) to tell the truth.
What is the plea before venue procedure in the youth court?
Similar procedure to the adult. However, this does not apply where they are charged with homicide or provisions for minimum sentences for firearms or was using someone to mind a weapon.
Therefore, a PBV hearing must take place where there is a possibility of the youth being tried in the crown court because he is charged alongside an adult or is charged with a certain serious offence.
The youth is invited to indicate a plea. If a guilty plea is indicated, such a plea is deemed to have been entered at that point. The magistrates then proceed to sentencing. If it is a serious crime to which s249 SA 2020 applies, the magistrates may commit if they take the view their powers are insufficient.
If not guilty, the magistrates proceed to allocation. If it is an offence to which section 249 applies, the magistrates therefore go onto consider whether it ought to be possible to impose a sentence of detention under that section if found guilty. If charged alongside an adult to be tried in the crown, the magistrates go on to consider whether it is necessary in the interests of justice for them to be sent to the CC for trial as well.
JUST FOR INFORMATION:
S249 SAYS:
Offences punishable with imprisonment for at least 14 years
(a) an offence which—
(i) is not an offence for which the sentence is fixed by law, and
(ii) is punishable in the case of a person aged 21 [18] or over with imprisonment for 14 years or more;
Sexual offences
(b) an offence under any of the following provisions of the Sexual Offences Act 2003—
(i) section 3 (sexual assault);
(ii) section 13 (child sex offences committed by children or young persons);
(iii) section 25 (sexual activity with a child family member);
(iv) section 26 (inciting a child family member to engage in sexual activity);
Offences related to firearms
(c) an offence (other than one within paragraph (a)) which—
(i) is listed in Schedule 20 (firearms offences to which minimum sentence applies), and
(ii) was committed when the offender was aged 16 or over.
Can the plea before venue procedure occur in the absence of a youth defendant?
Yes, where they are legally represented and the court considers that, due to their behaviour, it is not practicable for it to be conducted in their presence and the court consider that it should proceed in their absence. The legal rep is invited to enter a plea (a guilty plea here is taken to be a proper guilty plea).
Can allocation proceedings for youths be adjourned?
Yes. The adjournment may take the form of a remand in custody or on bail.
These functions can be exercised by a single justice.
If a youth is charged alongside an adult, will they be sent to the crown court?
Yes if the court considers it in the interests of justice to do so, for any related offence which is indictable or summary BUT ONLY FOR SUMMARY if punishable with imprisonment or involves disqualification from driving.
How does the court determine whether it is ‘necessary in the interests of justice’ to send a youth to the crown court alongside an adult co-d?
The court will invite submissions from the pros and defence.
The justices must balance conflicting interests in:
(a) There being a joint trial for matters of not re-traumatising witnesses, avoiding risk of inconsistent verdicts, and to avoid disparity in sentence
(b) The youth finding appearing in the crown court an unduly traumatic experience
The mags need to bear in mind the legislature’s policy of the specially designed youth court.
An exercise of judgment is needed when assessing the competing presumptions between joint trial and youths being tried in their court.
Factors relevant to that judgment include:
(a) Maturity of the D
(b) Age of the D
(c) The age gap between the adult and young person
(d) Previous convictions
(e) Whether severance can occur without injustice or undue inconvenience to witnesses
(f) The fact the court can now generally (so long as the offence is one in which s249 applies) commit and will therefore avoid disparity by .
(g) The younger the child and the less serious the charge, the more reluctant the justices should be to sent the accused to the CC.
(h) If alleged they played only a minor role, it is likely to be appropriate to deal with them separately.
The NORMAL court even where charged with an adult is the youth court.
Can the crown court remit the case back to the youth court?
Yes. The court must consider whether to send them back to a magistrates court and, if it decides not do, must give its reasons.
This does not apply where it is homicide or a certain firearms offence.
If the youth pleads guilty during the PBV where they are charged with an adult, what powers do the magistrates have?
(a) Absolute discharge
(b) Conditional discharge
(c) A fine (up to £1,000 for those over 14, £250 for one who has not)
(d) Requiring the offender’s parents to enter into a recognizance to exercise proper control over the offender.
They can also make a referral order.
If these powers are not appropriate, the magistrates will remit to the youth court.
However, if the case is one where a referral order would be mandatory the adult magistrates’ court may, but is not obliged to, remit the case to the youth court.
What can the adult magistrates court do where a youth accused pleads not guilty during the PBV where they are charged with an adult?
They may either try him or remit him for trial to the youth court. In absence of a good reason, they should normally be remitted to the youth court.
Where a youth is jointly charged with an adult who is to be tried summarily, what procedure is adopted in the PBV?
(a) If pleading not guilty at the PBV, the adult court must try him
(b) If pleading guilty at the PBV or is subsequently found guilty, they will be remitted o the youth court if the adult court’s sentences would be inappropriate.
(c) If they plead not guilty but the adult pleads guilty, the adult court may try him or remit him to the youth court (the more likely option).
Where they are charged with aiding or abetting or the charge comes out of the same fact pattern, the adult court has a discretion to try them both if they plead not guilty. If the adult pleads guilty but the youth doesn’t, the magistrates are likely to remit them to the youth court.
If the adult court convicts them, they will be remitted if the powers are inappropriate.
Where an adult and a youth are charged with an offence to which the sentencing act 2020 s249 applies (sentence of detention for youths), how will the court decide allocation where the adult is sent to the crown court?
It will enquire as to whether such a sentence would be appropriate for the youth as this will be highly relevant.
The adult court (in which they will be appearing), will take this decision. There is no power to remit to the youth court for that court to decide mode of trial.
How is age determined where there is a question as to whether the person should be tried in the youth court?
The court is to make due inquiry and must take into account such evidence as may be forthcoming.
However, any judgment or order will not be later invalidated if the person’s age was incorrectly stated.
The court is entitled to accept what the person or their parents/guardians say on the matter, though if doubting it may ask for further inquiries.
A person’s age, including for sentence, shall be deemed to be that which it appears to the court, after considering any available evidence.
What will be the court of first appearance for a youth?
The youth court, except where:
(a) The youth is jointly charged with an adult; or
(b) The youth is charged with aiding or abetting an adult (or vice versa); or
(c) The youth is charged with an offence which arises out of circumstances which are the same or connected with the adult’s charge
In what circumstances can a youth appear in the crown court?
MUST:
(a) Accused of homicide
(b) Charged with a firearms offence or using someone to mind a weapon and was 16 at time of commission
(c) Notice has been given under CDA s51B as it is a serious or complex fraud case or s51c certain cases involving children
MAY:
(a) Accused of an offence to which s249 applies (I.e. an offence carrying at least 14 years’ imprisonment in the case of an adult or one specified in the statute itself), if a sentence in excess of two years is likely to be appropriate (provision is necessary because of the limited
(b) Charged with a s252A offence (i.e. specified terrorism offences) depending on if a sentence in excess of two years is appropriate
(c) A ‘specified offence’ (and so falls within the dangerous offender provisions) if they can be properly regarded as such at the time.
(d) Where they are charged alongside an adult who is to be tried in the crown, if necessary in the interests of justice.
These functions can be exercised by a single justice.
