6.5 Youths - Introduction

Question 1

What are the two objectives of the youth justice system?

Answer 1

1.
The “principal aim”: to prevent children and young people from offending (s.37 CDA 1998);
2.
To have regard to the welfare of the child or young person (s.44 CYPA 1933).

Question 2

What is a “juvenile”?

Answer 2

Anyone under 18

Question 3

What is a “child”?

Answer 3

Section 107 CYPA 1933

A person under 14

Question 4

What is a “young person”?

Answer 4

Section 107 CYPA 1933

A person aged 14 - 17

Question 5

What is a “persistent young offender”?

Answer 5

Sentencing Guidelines
A young person (under 18) who has been convicted of or made subject to a pre-court disposal in relation to an imprisonable offence at least three times in the last 12 months.

Question 6

Name some out of court disposals available to the police for young offenders.

Answer 6

NFA
Community Resolution
Youth Caution
Youth Conditional Caution

Question 7

Procedurally speaking, what kinds of trials can take place in the Youth Court?

Answer 7

Summary trials

Question 8

What is the age of criminal responsibility?

Answer 8

Section 50 CYPA 1933

A child under the age of 10 is irrebuttably presumed not to be criminally responsible.

Question 9

What happens where D commits an offence before turning 18 but is arrested and charged after her 18th birthday?

Answer 9

She will appear in the adult magistrates court.

Question 10

What are the consequences if the court later discovers that it was misled re. D’s age?

Answer 10

Section 99(1) CYPA 1933 and Section 150 MCA
Any orders or judgments will *not* be invalidated.

Question 11

What happens if there is doubt about D’s age?

Answer 11

R (M) Hammersmith Magistrates Court [2017] EWHC 1359 (Admin)

Where there is “real doubt” as to D’s age, the court will determine the issue. There is not set procedure for this.

Question 12

Who sits on the Bench in the Youth Court?

Answer 12

Either
1.
A single District Judge; or
2.
Not more than three lay magistrates, including a man and a woman.

Question 13

Is the Youth Court a public court?

Answer 13

There are automatic reporting restrictions although they can be lifted by order.

Question 14

Are there reporting restrictions when a juvenile is tried in the adult court?

Answer 14

Section 149 CYPA 1933

Reporting restrictions are discretionary in the adult court but they are usually imposed when D is below 18.

Question 15

Who can attend Youth Court?

Answer 15

1.
Members, officials, officers of the court;
2.
Parties to the case (including parents and guardians);
3.
Witnesses;
4.
Bona fide journalists;
5.
Specially authorised persons, e.g, pupil barristers.

Question 16

Which juvenile defendants must have a parent or guardian with them when they attend court?

Answer 16

Section 34A CYPA 1933
DD under 16 “unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances”.

Question 17

For which young DD is it at the court’s discretion whether to order that a parent or guardian should attend proceedings?

Answer 17

Section 107 CYPA 1933

DD aged 16 to 17.

Question 18

Procedurally, how does Youth Court differ from adult court?

Answer 18

1.
Language: "findings of guilt" not "verdicts"; "orders made on a finding of guilt" not "sentences"; and  "promises" not oaths.
2.
Everyone sits, not stands.
3.
No robes.
4.
Usually the parent or guardian sits with the juvenile.