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. Certain firearm offences
3. Violent, sexual, or terrorism offences, where the youth is considered dangerous

Question 3

What is a grave crime?

Answer 3

Offence punishable in the adult court by a sentence of 14 years of more

Question 4

Where a case concerns a grave crime, what two things must be true for the Youth Court to send the case to Crown Court?

Answer 4

1. Youth Court maximum sentence (2 years) is insufficient, and
2. Sentence of over two years would not only be appropriate, but there is a real prospect of it

Question 5

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 5

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

Question 6

What is a referral order?

Answer 6

A form of community sentence.

An order referring the defendant to the Youth Offenders Panel, who will meet the youth and their family to address the situation and issues

Question 7

When must a referral order be made?

Answer 7

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

Question 8

When may a referral order be made?

Answer 8

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

Question 9

When can a referral order not be made?

Answer 9

Defendant pleads not guilty and is convicted at trial

Question 10

What is a detention and training order?

Answer 10

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

Question 11

Defendants of what age cannot be served a detention and training order?

Answer 11

10 and 11

(Available for youths aged 12-18)

Question 12

A detention and training order is available to defendants aged 12 to 14 in what circumstance?

Answer 12

They are persistent young offenders, i.e. sentenced on three occasions for an imprisonable offence

Question 13

A detention and training order can be imposed on any defendant aged 15 to 17, as long as what condition is met?

Answer 13

Case is so serious that only a custodial sentence is justified

Question 14

What are the seven periods for which a detention and training order can last?

Answer 14

Four, six, eight, 10, 12, 18, or 24 months

Question 15

Can a referral order be imposed if the defendant was convicted after trial?

Answer 15

No- as they did not plead guilty before trial