2.10 Criminal Litigation - Youth Court Procedure

Question 1

When may Juvenile be sent to Youth Court? What will happen?

Answer 1

Charged alone/with another

Jury (NOT CC) hears

Detention + training order (Max. 24 months)

• Young person < 15yo
• UNLESS persistent offender
• Subject to CC’s maximum term

Question 2

When may Juvenile be sent to Crown Court?

Answer 2

Homicide

Firearms offence

Specified offence

• Dangerous offender
• CC concludes significant risk to public serious harm occasioned by Comunity further specified offences
• Otherwise may be sent to Youth Court
• Youth Court may send to CC (YC concludes imposing discretionary life sentence/extended custodial sentence may be met)

‘Grave crime’ + YC considers CC should pass lengthy custodial sentence

• Punishable at least 14 years’ imprisonment (adult offender, Sexual Offences Act 2003 specified crimes)
• YC Considers real prospect Juvenile will receive custodial sentence of 2 or more years => CC
• CC declines jurisdiction => YC (other indictable offences charged (can be properly joined in same indictment))

Jointly charged with adult (interests of justice)

• Allocation hearing
• Allocation Guidelines > Separate trial instead? (undue inconvenience, injustice, immaturity)
• YC => CC > Sets Plea and Case Management Hearing (PCMH) date
• YC => CC > Adjourns trial date set in YC

Plea before venue (grave crime/jointly charged with adult)

• Plead guilty => YC/CC sentences
• NOT plead guilty => Allocation hearing > Court + parties consider circumstances, D’s previous convictions, Allocation Guidelines, YC’s sentencing powers

Question 3

When may Juvenile be sent to Adult Magistrates Court? What will happen?

Answer 3

Juvenile jointly charged with Adult in connection with matter to be tried summarily

Juvenile pleads/is found guilty

• MC sentencing powers => Restricted
• Remit => YC > Sentencing

Juvenile pleads NOT guilty + Adult pleads guilty
- Remit => YC > Trial

Question 4

What are the general principles of the Sentencing Children and Young People Guidelines 2017?

Answer 4

Followed by all courts

More tailored approach > Juveniles
- Risk and needs assessments

Considerations

• Offender’s age
• Severity of offence
• Likelihood of further offences + extent of harm
• Youth justice system > Principal aim
• Offender’s welfare
• Purpose of sentencing (punishment, reform + rehab, protect public, reparation towards affected persons)

Question 5

What is the sentencing procedure under the Sentencing Children and Young People Guidelines 2017?

Answer 5

CPS > Court

• Full circumstances
• D’s previous convictions + existing sentences
• Appropriating ancillary orders sought

D > Court

• Plea in mitigation
• Juvenile/Parent can make statement to court

Bench chairman
- May engage Juvenile > Any insight into reasons for + effect of offending behaviour

Court

• Background factors (general behaviour, school record) => Adjourn to obtain this info
• Sentencing (may be deferred due to Juvenile’s imminent significant lifestyle change/Juvenile to save up to pay compensation to Victim)

Question 6

What sentences can be made?

Answer 6

Referral Order

• Juvenile referred to Youth Offender Panel (mandatory/discretionary)
• Court agrees contract with Offender (programme of interventions) => If complete, conviction is spent

Youth Rehabilitation Order

• Generic community sentence (D < 18)
• Statutory sentencing purposes (1 or more reqs to be included)
• Max. 3 years (UNLESS already completed/extend up to 6 months > Meet reqs (activity, supervision, unpaid work, attendance centre, prohibited activity, curfew)
• Fail to comply => NO action/Fine/Amend order/Revoke order/Re-sentence D

Detention & Training Order (last resort)

• Must meet custody threshold test
• Court must give reasons why youth rehab order cannot be justified
• 4-24 months
• NOT D < 12, D < 15 (UNLESS persistent offender)
• Supervision halfway through sentence (when full term expires => ceases)
• If breached => Court may order detention

Fine

• Offender (10-13) => Max. £250
• Offender (14-17) => Max. £1000

Conditional discharge

• Less serious offences
• NOT commit further offences during operation period (Max. 3 years)

Absolute discharge

• Trivial offences
• NO punishment required
• NO further risk of re-offending

Reparation order

• Imprisonable offences
• Juvenile > Repayment (work) > Specified person/community
• Fail to comply > Fine less than £1,000/Re-sentencing

Driving record/licence disqualification

Compensation order
- Max. £5,000

Parenting order
- Attend parenting guidance sessions (max. 12 months)

Parental bind over
- Parent to prevent Juvenile (< 16) from committing further offences (interests of justice)

Criminal behaviour order

Victim surcharge