7. Youth Court procedure Flashcards
What is the role of the Youth Offending Team?
Responsible for coordinating the provision of youth justice services in their particular local area
Member of the YOT will attend each sitting in the youth court
YOT will assist with preparation of reports, investigating personal circumstances, providing support
Under what age must a juvenile have a parent or guardian present?
Under 16
16/17 is at court’s discretion
What are the relevant reporting restrictions for victims or witnesses under 18?
Lifelong reporting restrictions
What are the relevant reporting restrictions for defendants under 18?
Restricted reporting which ends when they reach 18
Also s 49 Children and Young Persons Act allows lifting of reporting restrictions either to avoid injustice / if in public interest
Under what age can children not be guilty of a criminal offence?
Under 10
What constitutes a persistent young offender?
Juvenile who has been sentenced on three separate occasions for one or more recordable offences (i.e. any offence for which a juvenile may receive a custodial sentence)
What age should the defendant be referred to as a “young person”?
14-17 inclusive
What age should the defendant be referred to as a “child”?
10-13 inclusive
What are some procedural differences between the youth court and adult magistrates’ court?
Witnesses “promise” rather than “swear”
Witnesses under 14 must give unsworn evidence
“Finding of guilt” rather than “conviction”
If a PYO, rather than issuing standard directions (as also done in adult cases), magistrate will issue revised directions to ensure expediated trial takes place
If a defendant is 17 when charged but 18 on appearance, where would the case be heard?
Must be dealt with in adult magistrates’ court
If a defendant becomes 18 whilst a case is ongoing in the youth court, where must the case finish being heard?
Youth court may either remit to case to the adult magistrates’ court or retain the case
What are the two types of offences for which a juvenile must be sent to the Crown Court?
Homicide offences
Firearms offences (where juvenile has attained 16 at time of alleged offence)
What are the three situations in which a juvenile may be sent to the Crown Court?
Grave crimes
Specified offences
Jointly charged with an adult, and their case it to be heard in Crown Court - if adult’s case is to be in adult’s magistrates’ court, then juvenile will also be heard there
What constitutes a “grave” crime?
Offences for which an offender aged 21 years or over may receive a custodial sentence of 14 years or more (such as robbery, rape, assault by penetration, s 18 GBH), together with a number of specific sexual offences, including sexual assault
What constitutes a specified offence?
Offence of violence or sexual offences, but only where the juvenile can properly be regarded as a “dangerous offender”
In cases which may be sent to the Crown Court, does a juvenile have any right of election?
No - at youth court’s discretion only
What are the powers that the youth court has to remand juveniles?
- On bail (with or without conditions)
- Into local authority accommodation
- If 17, into custody
If bail is refused, where may a juvenile be remanded?
Into local authority accommodation, or to youth detention accommodation
What is local authority accommodation?
Accommodation provided by or on behalf of an LA
Where can 10-11 year olds be remanded?
On bail or to local authority accommodation
If a juvenile reaches age 12 during remand, when can they be remanded following next court appearance?
Youth detention accommodation, if relevant conditions are met
What are the 4 conditions for a juvenile to be remanded in youth detention accommodation?
- Must be 12-17
- Must have legal representation
- Offence must be violent / sexual offence which adult could be imprisoned for 14+ years OR recent and significant history of absconding LA accommodation or youth detention accommodation
- Court must believe remand to youth detention necessary to protect the public from death or serious personal injury
What is the pre-sentence report and who is it prepared by?
Key document with sentencing suggestions, prepared by YOT
What reduction should be applied on the starting point of the sentence for juveniles aged 15-17?
2/3rd
For younger children it would be an even higher reduction
When must a referral order be made?
When a juvenile (who has never previously been convicted) pleads guilty to an offence which carries a possible custodial sentence
Unless court believes they should receive a discharge, fine, or Detention and Training Order
What happens if a referral order is made?
Juvenile will be referred to a “youth offender panel” which comprises a member of the YOT and 2 community volunteers
Panel will agree a “youth offender contract” which is a programme of behaviour designed to prevent re-offending
What is a youth rehabilitation order, and how long can it be?
Equivalent of an adult generic community order
Can be for a period of up to 3 years
When is a youth rehabilitation order NOT available?
When the youth defendant has pleaded guilty and has no previous convictions
Which court can enforce a detention and training order and when?
Youth Court - only type of custodial sentence available
Crown Court - only type of custodial sentence available UNLESS a grave crime
When should a detention and training order be imposed?
If court is of the opinion that the offence (or combo of the offences) is so serious that neither a fine alone nor a community sentence can be justified for the offence
When can a juvenile 12-14 be sentenced to a detention and training order?
If they are a PYO
When can a juvenile 15 and over be sentenced to a detention and training order?
No restriction
How long can a detention and training order be?
4 - 24 months
Where will a juvenile be held during a detention and training order?
In detention in young offender institution for one half of the period of the order
Released into the community under supervision of the YOT for second half of the order
What requirements are there from the YOT for a detention and training order to be imposed?
Must have specifically addressed a custody order as a possible sentencing option in the pre-sentence report
