8 - Youths Flashcards
How does the youth justice system differ to the justice system used for adults?
If a young person between the ages of 10 and 17 commits an offence, their route through the criminal justice system will follow two aims:
- To prevent children and young people from offending (s.37 Crime and Disorder Act 1997 CDA)
- To have regard to the welfare of the child or young person (s.44 Children and Young Persons Act 1933 CYPA)
The majority of young people will be tried and sentenced in the youth court.
What is the age of criminal responsibility?
- It is presumed that no child under the age of 10 can be guilty of an offence.
- Different term are used to refer to those aged between 10 and 17 who pass through the criminal justice system - age determines this.
- Age also plays a role in the sentence that a defendant aged 17 and under will receive in the event of a conviction.
What are the key terms and definitions related to juveniles and young offenders in sentencing?
Juvenile: A person under 18 years old.
Adult: A person aged 18 or over. For sentencing, ‘adult’ may refer to those aged 21+ (liable to imprisonment instead of detention in a Young Offender Institution).
Child: Defined by s.107 of the Children and Young Persons Act 1933 as a person under 14 years old.
Young person: Defined by s.107 of the Children and Young Persons Act 1933 as someone aged 14–17 (inclusive).
Persistent young offender (PYO): No statutory definition. Guidance indicates a PYO is a young person convicted of or admitting guilt for imprisonable offences on at least 3 occasions in the past 12 months. Certain sentences, like a Detention and Training Order for those under 15, apply only to PYOs.
What is the court process for youths?
- Youths are generally dealt with in the youth court for nearly all offences, including indictable-only offences for adults.
- Youth courts are essentially magistrates’ courts. Youth court trials are summary trials but differ in jurisdiction compared to adult magistrates’ courts.
- Specific rules apply to youth court proceedings to accommodate the age and circumstances of the accused.
What will a youth court consist of, and what procedure is followed?
The youth court is composed of either:
- A District Judge sitting alone.
- No more than three magistrates who have undergone specialist youth court training.
Reporting restrictions apply automatically and are rarely lifted before conviction, differing from adult courts (magistrates’ and crown courts) where they are discretionary.
Who is allowed to be present in the youth court?
The youth court is not open to the public. Only the following may attend:
- Court members and officials of the court (i.e., magistrates, court ushers etc.)
- Parties to the case, including the accused, their parents/guardians, and their legal representatives.
- Witnesses and others directly involved, like probation officers and social workers.
- Bona fide representatives of newspapers (subject to reporting restrictions).
- Others authorised by the court, such as pupil barristers or relatives of the accused.
However, the public are not excluded from the adult magistrates’ and Crown Court even when a youth is appearing there as a defendant or as a witness (unless they are sitting in chambers).
Are parents or guardians required to attend youth court proceedings?
- For youths under 16, parents/guardians must attend unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case. (s.34A CYPA 1933).
- For youths aged 16–17, attendance is optional but may be required.
- If the youth is in local authority care, a representative must or may attend, sometimes alongside the parent.
‘Guardian’ - Anyone who has for the time being the care of the child or young person.
‘Parent’ - Includes an adoptive parent.
What informalities are present in the Youth Court?
Proceedings are more informal than adult courts, with measures such as:
- Lawyers and witnesses remaining seated.
- Lawyers not robed.
- Youths sitting in chairs, not in the dock, often near a parent or lawyer.
- Magistrates speaking directly to the youth and using first names.
- Simplified language (e.g., ‘finding of guilt’ instead of conviction).
- Youths take an oath by promising to tell the truth rather than swearing.
What modifications can be made for youths appearing in adult courts?
The ECHR said a child must have a broad understanding of the trial process and what is at stake. To enable this -
Modifications include:
- Familiarisation visits to the court.
- Removing wigs and gowns in the Crown Court.
- Referring to the youth by their first name.
- Allowing the youth to sit near an appropriate adult or their lawyer, not in the dock.
- Providing regular breaks and avoiding complicated language.
- Limiting public access to proceedings.
- Using intermediaries, live links, and clear explanations of court processes.
- Avoid complicated language, use clear and simple questions.
- Take the time to explain court proceedings to a child.
Any other change to ensure effective participation.
Provide a summary of the overview of the youth court.
The majority of youths will be tried and sentenced in the youth court summarily.
Youth court proceedings are more informal than adult court proceedings.
Reporting restrictions apply to youth court proceedings and parents/guardians are generally present.
How are juveniles treated at the police station?
- Juveniles (those aged 17 and under) are treated as vulnerable suspects and afforded additional safeguards under PACE.
- They require an Appropriate Adult (AA) to attend the station to protect their welfare. AA’s are not exclusive to juveniles.
- Any detainee appearing under 18 is treated as a juvenile unless there is clear evidence otherwise.
- The necessity for ‘clear evidence’ that a detainee is 18 or older means that where there is any doubt, custody officers must take a precautionary approach in disputes over age, leaving courts to determine the issue if the juvenile is charged.
Who should be informed of the juvenile’s arrest?
The person responsible for the juvenile’s welfare must be informed as soon as practicable, including the reasons for arrest and detention location.
The Appropriate Adult (AA) must also be contacted and informed of the grounds for detention and asked to attend the police station. This may or may not be the same person contacted for the welfare of the juvenile.
Who can, and cannot, act as an appropriate adult for a juvenile at the police station?
Can act:
- Parent, guardian, or person with parental responsibility.
- Social worker or any other responsible adult responsible adult (not a police officer).
Cannot act:
- Anyone involved in the offence, investigation, or a victim/witness of the offence.
- Solicitors or custody visitors acting in their professional capacity.
- Estranged parents should NOT be asked to act as AA if specifically objected to by the juvenile.
A solicitor or independent custody visitor who is present at the police station and acting in that capacity, may not be an appropriate adult.
What alternative arrangements can be made for an Appropriate Adult if usual options are unavailable?
- Youth Justice Service (YJS) staff or trained volunteers may act as AAs.
- If the juvenile admits an offence to, or in the presence of, a social worker or member of the YJS other than during the time that person is acting as the juvenile’s appropriate adult, another appropriate adult should be appointed in the interest of fairness.
- Where a juvenile is vulnerable, it may be more satisfactory if the appropriate adult is someone experienced or trained in their care rather than a relative lacking such qualifications.
- However, a relative lacking training may be preferred by the juvenile over a qualified stranger, and their wishes should be respected if practicable.
- AAs must remain independent of the police to safeguard the juvenile’s rights and entitlements.
What is the role of the Appropriate Adult during interview at the police station?
- Advise the juvenile during questioning.
- Ensure the interview is conducted fairly and properly.
- Facilitate communication with the juvenile.
Overall, their presence is required to help them understand the seriousness of the situation and cope with the demands of custody. Solicitor’s should check that the AA understand their role.
What are the rights and potential issues associated with an Appropriate Adult at the police station?
- The AA can instruct a solicitor on the juvenile’s behalf and consult the custody record.
- The AA has the right to consult privately with the juvenile at any time.
- The juvenile should be given the opportunity to consult a solicitor privately, without the AA present.
- AAs are not subject to legal privilege and owe no duty of confidentiality.
- Issues may arise if an upset parent acting as AA volunteers confidential information to the police, so solicitors should initially consult the juvenile without the AA present.
When should the Appropriate Adult be present at the police station for a juvenile, and what are the consequences if they are not?
AAs must be present during:
- Rights readings.
- Strip searches or intimate searches.
- Interviews, ID procedures, and charging.
Interviews without an AA are only allowed with superintendent authorisation, only if they believe delay will have certain consequences and are satisfied that the interview would not significantly harm the juvenile’s physical and mental state.
Any cautions given without an AA must be repeated in their presence.
The consent of the juvenile’s parent/guardian, as well as their own, is required for participation in any ID procedure. If the juvenile is under 14, the consent of their parent alone is sufficient.
What are the options for the police after interview of a juvenile?
In dealing with any offence committed by a child or a young person, the police and prosecution can:
- No further action.
- Community resolution.
- Youth caution.
- Youth conditional caution.
- Charge.
What happens if a juvenile is detained after being charged at the police station?
- The decision to bail or detain follows s. 38 PACE principles, similar to adults.
- Bail should be granted unless specific grounds under s.38 PACE exist, including detention in the youth’s “own interests.”
If a youth is detained for court, they should be placed in local authority accommodation, except when:
(i) Impracticable for the custody officer to do so (i.e., physically impossible) or;
(ii) in the case of a youth aged 12-17, no secure accommodation is available and other LA accommodation would not be adequate to protect the public from serious harm.
What is secure accommodation for juveniles?
- Custody officers should do everything practicable to ensure that the place of detention is LA accommodation as opposed to the police station.
- Neither the juvenile’s behaviour, nor the nature of the offence, provides grounds for the custody officer to decide it is impracticable to arrange their transfer to LA care.
- Transfer to local authority care applies regardless of the time of charge, i.e., whether daytime or overnight.
- The LA are not under a duty to provide secure accommodation whenever a request is received under s.38(6) PACE, as clarified in R (M) v Gateshead Council (2006).
Note: Where the youth has been arrested pursuant to an alleged breach of bail or remand conditions, the youth can be detained in police custody.
What are the alternatives to prosecution for juveniles?
Out-of-court disposals aim to prevent reoffending and provide proportionate responses where the offence can be dealt with without prosecution, including:
- Youth cautions - a formal, out of court disposal. It is the final step before prosecution. The police must refer a youth who has received this to the Youth Justice Service.
What cautions are used for youths?
Can be used for any type of offence, provided that the statutory criteria are satisfied:
- The police find that sufficient evidence exists to charge the youth.
- The youth admits the offence to the police.
- Prosecution or conditional caution is deemed unnecessary.
The police cannot issue a youth caution for an indictable only offence for an adult, without CPS authority.
There is no statutory limit on the number of youth cautions a juvenile can receive.
Provide a summary of Youths in the Police Station.
The term ‘youth’ was generally used to mean all offenders who are aged 17 and under but we have seen more specific terminology such as juvenile, child, young person and persistent young offender.
Youths need an appropriate adult present at certain points in the detention process.
Youths detained for court should be placed in local authority accommodation unless impracticable.
Where is the first hearing for youths typically located?
Youths usually have their first hearing in the Youth Court.
However, exceptions include:
- Youths jointly charged with adults.
- Youths charged with aiding or abetting an adult to commit an offence.
- Adults charged with aiding or abetting a youth.
- Cases where the offences of the youth and adult arise from the same circumstances or are connected with the offence that the adult is charged with.
Adults cannot appear before the Youth Court, except when a youth becomes an adult during proceedings.
Where will the first hearing take place if a youth and an adult are jointly charged and what factors determine the youth’s outcome?
The first hearing will take place in the adult magistrates’ court.
Factors determining the youth’s outcome include:
- Whether the youth pleads guilty or not guilty.
- Whether the adult pleads guilty or not guilty.
- The type of offence each the adult and the youth is charged with.
For certain offences (e.g., homicide, firearms with mandatory minimum sentences, serious fraud, specified dangerous offences), the youth will always be sent to the Crown Court.
What happens when the adult is sent to the Crown Court, and the youth is tried on the same matter in the magistrates court?
The magistrates’ court must consider whether it is in the interests of justice (IOJ) for the youth and adult to be tried jointly. If:
- IOJ test is met: the youth is sent to the Crown Court.
- IOJ test is not met: the youth is tried in the Youth Court.
The IOJ test focuses on fairness of the trial rather than sentencing concerns.
Note: The overarching guideline makes it clear that the proper venue for trial of any child or young person jointly charged with an adult remains the youth court. The only exception to this is if it is in the interests of justice for the parties to be tried jointly.
When is it in the interests of justice for an adult and a child to be tried together?
The overarching guideline Sentencing Children and Young people provides the following examples for the IOJ test:
- Risk of injustice to witnesses or the case if tried separately.
- The youth’s age (younger youths are better tried in the Youth Court).
- Age gap between youth and adult (substantial gap in age militates in favour of the child or young person being tried in the Youth Court).
- Youth’s maturity, culpability when compared with the adult, and whether there has been a minor involvement in the offence by the child.
- Youth’s lack of prior convictions.
How does the court (prosecution and defendant) decide whether a youth should be tried with an adult in the Crown Court?
Prosecution and Defence:
- Will make representations as to whether it is in the IOJ to send the youth to the Crown Court or not. There are often conflicting interests which the court must balance.
- Would be undesirable for witnesses to give evidence twice.
- Also undesirable if trial’s are separated and the court’s reach a different, inconsistent verdict.
The court therefore considers:
- Risks of separate trials (e.g., witnesses giving evidence twice, inconsistent verdicts).
- The youth’s needs (e.g., avoiding intimidation in the Crown Court).
- If the court decides against sending the youth to the Crown Court, their trial will occur in the Youth Court.
What is the rule after allocation of a youth to a certain court?
If the court decides that the youth should be tried with the adult, the youth’s case will be sent to the Crown Court for the PTPH, alongside the adult.
Once a youth is sent to the Crown Court for trial, they cannot be remitted to the Youth Court, even if the adult pleads guilty. The youth will face trial alone in the Crown Court if necessary.
What happens after a youth is convicted in the Crown Court?
The case is must be remitted to the Youth Court for sentencing once the trial has concluded unless it would be undesirable to do so:
- The offence is homicide.
- It is deemed undesirable to remit, considering the benefits of the trial judge who determined guilt sentencing the youth versus the Youth Court’s expertise.
What is the process for a youth jointly charged with an adult for an either-way offence on first apperance at the magistrates court (not a grave crime)?
At the magistrates’ court:
1. Not a grave crime.
2. PBV (plea before venue) for adult: adult pleads guilty or not guilty.
3. If adult pleads not guilty, the court decides on adult allocation.
4. If jurisdiction accepted, and both plead not guilty, trial occurs in magistrates’ court.
5. If jurisdiction declined or adult elects, IOJ test is applied:
- IOJ test met: youth sent to Crown Court with the adult.
- IOJ test not met: youth tried in Youth Court.
If either adult or youth pleads guilty then each dealt with separately according to usual principles.
What is the process for a youth jointly charged with an adult for an either-way offence on first apperance at the magistrates court (grave crime)?
What constitutes a ‘grave crime?’ - Serious offences that have a maximum sentence for an adult of 14 years or more, and some violent and sexual offences.
At the magistrates’ court:
1. Offence IS a grave crime.
2. Take plea for youth.
3. If youth pleads not guilty court asks: should a sentence substantially in excess of 2 years be available/is a sentence of more than 2 years a real prospect.
4. If ‘two year’ test met, youth sent to CC for trial.
5. PBV for adult if 2 year test is met - if adult pleads not guilty: sent for trial to CC with youth.
6. If ‘two year’ test not met, do PBV for adult.
7. If adult pleads not guilty and is sent to CC for trial then apply IOJ test. If IOJ test met, youth sent to CC for trial with the adult. If not met, remit to YC for trial.
8. If adult pleads not guilty and remains in the Mags Ct for trial, the youth remains in the Mags Ct for trial with the adult.
9. If the adult pleads guilty then each dealt with separately according to usual principles. Youth remitted to YC for trial.
