7. Youth Court Procedure

Question 1

What are the Youth Court’s options if a defendant turns 18 during the course of proceedings, and in any event what is available?

Answer 1

Youth Court can decide whether to retain jurisdiction, or remit the case to the Magistrates.

In any event, the full range of sentencing options available in the adult court will be available upon conviction.

Question 2

What are three types of offences for which a youth must be sent to the Crown Court for trial?

Answer 2

1. Murder, attempted murder, manslaughter
2. Firearm and weapons offences subject to fixed-terms custodial sentences under s.309.

Question 3

When the youth court has determined that the offence is a grave crime, what is the test when proceeding with allocation ?

Answer 3

Whether youth courts’ sentencing powers would be adequate.
* A sentence substantially in excess of two years is appropriate.
* Requires a real prospect of it

Question 4

What occurs where a youth is charged jointly with an adult who is being tried in (1) the Crown Court and (2) the Magistrates Court?

Answer 4

1. Crown: Youth sent there for trial
2. Magistrates: Youth tried alongside the adult

Question 5

What is a referral order?

Answer 5

An order referring the defendant to the Youth Offenders Panel, who will meet the youth and agree on a programme of behavior.

Question 6

When must a referral order be made?

Answer 6

Defendant pleads guilty to imprisonable offence and has not been convicted of an imprisonable offence before

Question 7

When may a referral order be made?

Answer 7

Defendant pleads guilty to some but not all offences, or if they’ve already received a referral order

Question 8

When can a referral order not be made?

Answer 8

Defendant pleads not guilty and is convicted at trial

Question 9

What is a detention and training order?

Answer 9

The name given to the custodial sentence imposed by the Youth Court

Question 10

When can a youth not be sentenced to a DTO?

Answer 10

10 and 11

Question 11

What conditions are required to justify sentencing a defendant age 15-17 to a DTO?

Answer 11

The case is so serious that only a custodial sentence is justified

Question 12

What three offences will be sent ‘forthwith’ to the Crown Court, without an indication of plea being taken in the Youth Court?

Answer 12

1) Homicide offence
2) Firearm offence carrying an imprisonment sentence = min 3 years
- only available if D was 16+
3) Notice by the prosecution in complex fraud/cases involving children.

Question 13

What offence ‘may’ be sent to the Crown Court without an indication of plea being taken in the Youth Court?

Answer 13

Dangerous offenders
- where D is charged with a specified offence (on spec - wounding, manslaughter, robbery);
- court considers them to be a ‘dangerous offender’; AND
- custodial term of at least 4 years would be imposed for the offence.

note - overlap w/ grave crimes, so both can be relevant.

Question 14

How does the court determine whether a youth defendant falls within the ‘dangerous offender’ category?

Answer 14

Must be satisfied that youth poses a ‘significant risk’ to the public in committing further specified offences.
- more than a “mere possibility.’

note- courts are wary to rely on this provision, as oftentimes it is hard to determine whether this is the case @ first hearing. To be on the safe side, prefer to retain jurisdiction, and then commit for sentencing if needed.

Question 15

Where a defendant falls both under the ‘grave’ crime and ‘dangerous offender’ exceptions, which of the two should be considered first?

Answer 15

Dangerousness (based on CPS guidance)

Question 16

For grave crimes, is the youth court required to hold a plea before venue?

Answer 16

Yes - ‘must’ even if it intends on sending case to C.C.

Question 17

What offences constitute ‘grave’ crimes?

Answer 17

Serious offences that carry a sentence of 14 years or more for an adult offender.

ON SPEC
- Robbery
- s.18 OAPA
- Aggravated criminal damage
- Arson/aggravated arson
- Aggravated Burglary (3 cases where it becomes indictable-only).

Question 18

What is the maximum prison term a young offender can be subject to in the Youth Court?

Answer 18

1) Max prison term = 24 months
- explains the test for ‘grave’ crimes.
2) no power to sentence a child aged 10-11 yrs old to detention.
3) Between ages of 12-14 yrs old can only be sentenced to detention if categorised as a ‘Persistent Young Offender (PYO)’

• only recourse for Youth Court if it believes youth should be imprisoned at an earlier age or for more time is to send case to C.C.

Question 19

Where a defendant turns 18 before their first hearing, does the Youth Court still have jurisdiction?

Answer 19

No

Question 20

Where a defendant is 17 at their first hearing, but turns 18 before trial, does the Youth Court still have jurisdiction?

Answer 20

Yes, but has discretion to remit case to adult magistrates court if it wishes.

Question 21

If the the defendant turns 18 during trial, does the Youth Court still have jurisdiction?

Answer 21

Yes, but can later remit to adult magistrates court for sentencing.

Question 22

Where an adult is committed to the Crown Court for trial, and the jointly charged youth pleads not guilty, what factors will the court consider in allocating the youth?

Answer 22

Adult Mags determines whether it is in the interests of justice to send youth to C.C alongside adult.

Factors
(A Giant Owl Always Remembers Law)
1. *A** separate trial will cause injustice to witness/case generally.
2. Giant - Gap (Age gap between adult and youth).
3. Owl - Offence (Relative culpability and level of involvement in the offence).
4. Always - Age (Age of the youth - if younger, weighs in favour of remitting case to Y.C.).
5. Remembers - Relative culpability (Relative culpability and level of involvement in the offence).
6. Law - Lack (Lack of previous convictions).

Question 23

Where a jointly charged adult pleads not guilty, and is due to be tried in the Magistrates Court, where will their youth co-defendant be tried?

Answer 23

‘Must’ be tried in adult magistrates court.
- no discretion - this makes sense given that trial in adult mags also follows a ‘summary’ procedure.

Discretion (‘may’) where:
* youth is charged with aiding/abetting an adult, or
* offence arises out of the same circumstances

Question 24

Where the adult offender pleads guilty in the Magistrates Court, and the jointly charged youth pleads not guilty, where will they be tried?

Answer 24

adult mags may still retain jurisdiction to try, but generally chose to remit back to Y.C.

• where case attracts a mandatory referral order, adult mags should remit case to Y.C.

Question 25

When will an offender be classed as a ‘Persistent Young Offender’?

Answer 25

Guilty of at least 3 imprisonable offences in the past 12 months.

Question 26

What sentencing powers are reserved for youth offenders appearing in the Y.C?

Answer 26

1) Youth Rehabilitation order - similar to community order (released w/ conditions/restrictions attached)

2) Referral order

3) Parental binding over

4) DTOs

Question 27

When is the Youth Court mandated to sentence a youth offender to a referral order?

Answer 27

• first time offender and is pleading guilty to an imprisonable offence.

However can depart from this if
(a) sentence is fixed by law;
(b) absolute or conditional discharge is appropriate;
(c) hospital order is more suitable.

Discretionary for repeated offenders.

Question 28

What sentencing powers does the Crown Court have in relation to youth offenders?

Answer 28

can impose long-term sentences.

• 12 years minimum for homicide
• extended sentence/life imprisonment - dangerous offenders
• DTO longer than 24 months

Question 29

In what particular circumstance is the court barred from sentencing a youth offender to a DTO?

Answer 29

where they are legally unrepresented.

• unless they have refused to apply for legal aid.

Question 30

Is a parent or guardian required to attend proceedings in the Youth Court?

Answer 30

only if defendant is under 16, unless the court thinks it is ‘unreasonable.’

referred to as a parenting order

Question 31

When will a plea before venue undertaken in the Youth Court?

Answer 31

Where the defendant is charged with a grave crime.

Question 32

Where a youth offender is committed to the C.C for an offence, when does the Y.C have power to commit any accompanying offences?

Answer 32

Where these are related to an indictable offence or
involve a summary offence punishable w/ imprisonment or disqualification from driving.

• discretion to commit - ‘may’

Question 33

Does the Youth Court have discretion to determine the length of a DTO?

Answer 33

NO - terms are fixed.
- 4, 6, 8, 12, 18 months or 2 years are the only possible sentences.

Question 34

What YRO requirement that can only be imposed on 16-17 years old?

Answer 34

Unpaid work requirement and residence requirement.

Question 35

What is a Youth Rehabilitation Requirement?

Answer 35

Similar to a community order (released with/ conditions/restrictions attached)

Question 36

What additional sentencing powers apply for persistent young offenders?

Answer 36

Enable youth court to impose DTO on 12-14 yrs.
* otherwise not available.

Question 37

What is the minimum and maximum length of time a referral order can last?

Answer 37

*3 months minimum
*12 months maximum

Question 38

When can a youth be interviewed or asked to sign a written statement without being in the presence of an appopriate adult?

Answer 38

*Authorised by a superintendent or above.
*only if they believe the delay will have certain consequences; and
* satisfied that the interview would not significantly harm the juvenile’s physical or mental state.

Question 39

What is an important point to remember about cautioning juveniles?

Answer 39

Where a juvenile is cautioned in the absence of an AA, the caution must be repeated in the AA’s presence.

Question 40

In which circumstances, must an appropriate adult be present?

Answer 40

Where youth is:
* being read their rights;
* being strip-searched or subjected to an intimate search;
* being interviewed;
* attending an identification procedure; or
* being charged.

Question 41

What actions can an appropriate adult take on behalf of the youth?

Answer 41

• instruct a solicitor on behalf of the juvenile.
• right to consult with the juvenile in private at any time
• consult the custody record.

Question 42

What are youth cautions, and are they appropriate?

Answer 42

Formal out-of-court disposal without need for prosecution.

Appropriate where the following requirements are met:
* police are satisfied that there is sufficient evidence to charge the youth with an offence;
* the youth admits the offence to the police;
* the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence.

Question 43

What is the bail procedure like for youth offenders?

Answer 43

After charge, same s.38 PACE grounds apply (FIC). Additional ground also available, which allows youth to be detained where it is in their “own best interests.”