8 - Youths Flashcards
1
Q
How does the youth justice system differ to the justice system used for adults?
A
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.
2
Q
What is the age of criminal responsibility?
A
- 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.
3
Q
What are the key terms and definitions related to juveniles and young offenders in sentencing?
A
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.
4
Q
What is the court process for youths?
A
- 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.
5
Q
What will a youth court consist of, and what procedure is followed?
A
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.
6
Q
Who is allowed to be present in the youth court?
A
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).
7
Q
Are parents or guardians required to attend youth court proceedings?
A
- 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.
8
Q
What informalities are present in the Youth Court?
A
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.
9
Q
What modifications can be made for youths appearing in adult courts?
A
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.
10
Q
Provide a summary of the overview of the youth court.
A
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.
11
Q
How are juveniles treated at the police station?
A
- 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.
12
Q
Who should be informed of the juvenile’s arrest?
A
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.
13
Q
Who can, and cannot, act as an appropriate adult for a juvenile at the police station?
A
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.
14
Q
What alternative arrangements can be made for an Appropriate Adult if usual options are unavailable?
A
- 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.
15
Q
What is the role of the Appropriate Adult during interview at the police station?
A
- 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.
16
Q
What are the rights and potential issues associated with an Appropriate Adult at the police station?
A
- 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.
17
Q
When should the Appropriate Adult be present at the police station for a juvenile, and what are the consequences if they are not?
A
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.
18
Q
What are the options for the police after interview of a juvenile?
A
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.
19
Q
What happens if a juvenile is detained after being charged at the police station?
A
- 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.
20
Q
What is secure accommodation for juveniles?
A
- 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.
21
Q
What are the alternatives to prosecution for juveniles?
A
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.
22
Q
What cautions are used for youths?
A
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.
23
Q
Provide a summary of Youths in the Police Station.
A
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.
24
Q
Where is the first hearing for youths typically located?
A
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.
25
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.**
26
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.
27
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.
28
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.
29
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.
30
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.
31
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.
32
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.
33
What happens when a youth is jointly charged with an adult for an indictable-only offence on first apperance in the magistrates court?
At the magistrates’ court:
1. Adult sent to Crown Court.
2. Youth sent to Crown Court if charged with homicide
3. Youth charged with a grave crime and the ‘two-year’ test is met then send to Crown Court for trial with adult if NG or commit for sentence if G.
4. If not a grave crime or 'two year' test not met is the youth pleading G or NG?
5. If G then sentence or remit to youth court for sentence.
- If NG then apply IOJ test:
- If IOJ test met, youth sent to CC for trial with the adult.
- If test not met, youth will be tried in the youth court.
34
Provide a summary on Youths Jointly Charged with Adults.
First hearing - When a youth will have their first hearing before an adult magistrates' court when jointly charged with an adult.
Trial - Circumstances when a youth must or may be tried in the adult magistrates' court or the Crown Court.
35
What general principles must the court have regard to when sentencing youths?
The principal aim of the youth justice system - The court must have regard:
- To prevent offending by children and young people.
- The welfare of the child or young person.
Sentencing is governed by the Sentencing Act 2020.
Courts must also consider the Overarching guideline sentencing children and young people for offenders under 18.
The youth court is recognised for its expertise in sentencing children and young people.
36
In determining sentence, what are the overarching guidelines which the court must consider?
In determining sentence, the key elements to consider are:
- The principal aim: preventing re-offending by children and young people.
- The welfare of the child or young person.
- The age of the child or young person, considering chronological, developmental, and emotional maturity, requiring a different approach to that adopted for an adult.
- The seriousness of the offence, assessed by culpability and harm (same as adults).
- The likelihood of further offences being committed.
- The extent of harm likely to result from those offences.
37
What is a parenting order, and when might the court impose one?
- For children under 16, parents/guardians are statutorily required to attend all stages of proceedings unless deemed unreasonable.
- Courts have a duty to impose a parental bind-over or parenting order if it helps prevent further offences.
- For those aged 16 or 17, parenting orders are discretionary.
- Breaching a parenting order constitutes an offence punishable by a fine, with prosecutions handled by the CPS in the magistrates’ court.
38
What is the significance of age when sentencing?
- Specific ages (12, 15, or 18) can affect the maximum sentence available. An increase in age reflects an increase in the maximum sentence available.
- The relevant age for sentencing is the offender’s age at the **date of conviction**
39
How is sentencing determined for persistent offenders?
Sentences like certain custodial orders require the offender to be classified as a **persistent offender**.
No statutory definition, but indicators include:
- **Three findings of guilt** for imprisonable offences in the past 12 months for imprisonable offences of a comparable nature, then the court could justify classing the child or young person as a persistent offender.
- Multiple **separate, comparable offences** committed in a short time (e.g., a series of robberies or burglaries), then the court could justifiably consider the child or young person to be a persistent offender even if no persistent convictions.
**Examples**:
- A youth committing robberies over two days classified as persistent despite no prior convictions.
- A 14-year-old committing multiple offences (e.g., burglary and vehicle taking) over two months also classified as persistent.
40
What are the rules for committal of youths for sentence?
The Youth Court (or the adult magistrates' court if the youth is appearing there) can commit a youth to the CC for sentence under three circumstances:
1. **Grave crimes** (s.249 Sentencing Act 2020) where detention exceeding two years may be required.
2. **Dangerous young offenders** (s.17 SA 2020).
3. **Related offences** (s.19 SA 2020).
The Crown Court can impose any sentence it could have imposed if the offender had been convicted on indictment.
41
Provide a summary of the introduction to sentencing.
This element explored:
The principle aims of the youth justice system- preventing offending and having regard to youth welfare, as stated in the Sentencing Children and Young People: Definitive Guideline.
The relevant age for the purpose of sentencing being the date of conviction.
Youths can be remitted back to the youth court for sentencing if the powers of the adult magistrates’ court are not appropriate.
Youths can be committed to the Crown Court for sentencing where they are charged with certain serious offences.
42
What is the approach to sentencing in the Youth Court?
- Youth sentencing includes specific orders like detention and training orders, referral orders, and youth rehabilitation orders.
- Certain sentences are restricted to youths of specific ages.
- Not all sentences are available in all courts; adult magistrates’ courts may remit youth cases back to the youth court if their sentencing powers are insufficient.
- Sentencing takes an individualistic approach, ensuring flexibility to address the unique needs of each youth appearing in court.
43
What types of sentences are available in the Youth Court?
- Absolute or conditional discharges
- Reparation orders for the least serious offences
- Referral orders for first-time guilty pleas to imprisonable offences - This is the mandatory sentence in a youth court or magistrates' court for most children and young people who have committed an offence for the first time and have pleaded guilty to an imprisonable offence.
- Financial orders (fines)
- Community Orders, called Youth Rehabilitation Orders (YROs) for serious offences.
- Custodial Sentences, called Detention and Training Orders (DTOs) for cases meeting the statutory threshold
44
What non-custodial sentences are available for youths?
Non-custodial sentences include:
- Youth Rehabilitation Orders (YROs): No statutory minimum, maximum 36 months
- Referral Orders: Minimum 3 months, maximum 12 months
- Reparation Orders
- Orders against parents, e.g., parenting orders or binding parents over
45
What is a Youth Rehabilitation Order (YRO)?
A community order requiring the court to find that an offence is "serious enough" to warrant it, although the offence does not have to be imprisonable.
Courts can select from a wide range of sentences. This allows courts to tailor interventions using a range of requirements to suit the particular offender, such as:
- Activity requirement;
- Supervision requirement;
- Unpaid work requirement
- Programme requirement;
- Attendance centre requirement;
- Prohibited activity requirement;
- Curfew requirement;
- Exclusion requirement;
- Electronic monitoring requirement;
- Residence requirement;
- Local authority residence requirement;
- Fostering requirement;
- Mental health treatment requirement;
- Drug treatment requirement;
- Intoxicating substance requirement;
- Education requirement; and
- Intensive supervision and surveillance requirement.
46
What restrictions apply to certain YRO requirements?
Some requirements are limited to offenders aged 16 or 17 on conviction, including:
- Unpaid work and residence requirements
Intensive supervision and fostering requirements can only be imposed if:
- The offence is imprisonable
- The custody threshold has been crossed
- For those under 15, they must be persistent offenders
47
What is a Referral Order?
A contract requiring an offender to attend meetings with a youth offender panel and follow a behaviour programme for a particular period, agreed between the offender and the panel. They are essentially in the form of a contract.
Conditions:
- Minimum term: 3 months; Maximum term: 12 months. The length depends on the seriousness of the offence.
- The order is spent when it is discharged, which leaves the youth with a clean slate.
48
What are the conditions for a mandatory referral order to be made?
A referral order is mandatory if the compulsory referral order conditions are satisfied:
- The young offender has no previous convictions.
- The young offender pleads guilty to an imprisonable offence or related ‘connected’ offences - which covers any other offence being dealt with by the court at the same time.
A referral order cannot be made if:
- The sentence is fixed by law.
- The court proposes a custodial sentence, hospital order, or discharge (absolute or conditional).
49
When is a referral order discretionary, and when can it not be given?
A referral order is discretionary:
- On a second or later conviction where a referral order was not made previously.
- If the offender pleads guilty to the offence or related connected offences being dealt with by the court.
- The offence or connected offences need NOT be punishable with imprisonment.
A referral order cannot be given if:
- The sentence is fixed by law.
- The court deems a discharge (absolute or conditional), hospital order, or custody as the correct disposal.
50
What happens if a Referral Order is breached?
The youth may be referred back to court if in breach of the referral order, or if he commits another offence.
Where a child or young person is in breach of a YRO, the court may:
- Take no action and allow the order to continue in its original form,
- Impose a fine (up to £2,500),
- Amend the terms of the order,
- Revoke the order and re-sentence the child or young person i.e., dealing with the youth in any manner in which he could have been dealt with for that offence.
51
What is a Detention and Training Order (DTO)?
The only custodial sentence available in the Youth Court. Key points:
- Used only for serious offences as a last resort, only where an offence is 'so serious that neither a fine alone nor a community sentence can be justified.'
- Can only apply when a child or young person has been convicted of an offence which is punishable with imprisonment in the case of an adult.
52
What are the key features of Detention and Training Orders (DTOs)?
A DTO can be imposed by the Crown Court.
**Structure**:
- The first half is served in secure youth detention.
- The second half is under community supervision overseen by the YOT, and the court is not involved in deciding what the supervision must entail.
**Alternatives** to custody include:
- Intensive supervision and surveillance requirements.
- Fostering requirements.
- These require the offence to be punishable by imprisonment, to cross the custody threshold and merit a custodial sentence before one of these requirements can be imposed.
- For those under 15 at the time of finding guilt, such orders apply only to persistent offenders.
53
What are the conditions and restrictions on imposing a DTO?
**Restrictions**:
- Not available for offenders aged 10–11
- Not available for offenders aged 12-14, unless they are a persistent offender.
**Conditions**:
- The minimum length of a DTO is 4 months, and the maximum is 24 months.
- Consecutive DTOs can be imposed up to an aggregate of 24 months.
- The court must consider the circumstances, age, and maturity of the child or young person.
*Sentencing Guidelines suggest:*
- A sentence broadly between half and two-thirds of the adult sentence for those aged 15–17.
- A greater reduction for those aged under 15 (this is only a rough guide).
The *Overarching Guideline* for sentencing children and young people states:
- A custodial sentence must be the shortest commensurate with the offence's seriousness.
- Any case warranting less than a 4-month DTO must result in a non-custodial sentence.
54
What is long-term detention under s.250 of the Sentencing Act 2020 for grave crimes?
Applies to children convicted of grave crimes when neither community orders nor DTOs are suitable.
These cases may be sent for trial to the Crown Court or committed for sentence only. Following a guilty plea, a two year detention may possibly be appropriate as opposed to a sentence of a long term detention to account for the reduction.
55
What other custodial sentences are available for youths?
- Dangerous Offenders: Extended or life detention for dangerous individuals
- Detention at His Majesty’s Pleasure: Mandatory sentence for any child or young person found guilty of committing a murder (starting point: 12 years)
- Detention in a Young Offender Institution: For offenders aged 18–21, although sentenced as adults.
56
Provide a summary of sentences 2.
- The time limit in the Youth Court is two years DTO.
- The Crown Court can impose lengthier custodial terms, but these are reserved for the most serious sentences.
- Community order are called Youth Rehabilitation Orders.
- There are also referral orders which must be made in some instances.
The different types of sentence available are:
- Custodial
- Community
- Referral
- Fines/discharge
57
What is the court procedure for youths?
Youth courts handle most cases involving defendants under 18, functioning as a type of magistrates' court.
Youth courts try:
- All summary matters.
- Either-way matters, and indictable-only offences with a presumption they remain in youth court and are tried summarily unless exceptions apply.
Youths appear in adult magistrates' courts only if:
- Jointly charged with an adult.
- Connected offences involve both youth and adult defendants.
58
Where is the first hearing for youths held?
Most youths have their first hearing in the youth court.
However,a youth will have their first hearing before the adult magistrates' court where:
- Jointly charged with an adult.
- Charged with aiding/abetting an adult to commit an offenceor vice versa.
- Charged with offences connected to those or arising out of the same circumstances as those that an adult is charged with.
Other than where a youth becomes an adult during the course of proceedings, i.e., after the first hearing, there are no circumstances whereby an adult can appear before the Youth Court.
59
What happens when a youth enters a plea?
On the first occasion, the court asks the youth to enter a plea. If a request to adjourn the case is made and granted, this is for the shortest possible time.
- Guilty plea: Sentencing ideally occurs the same day but may adjourn for preparation of pre-sentence reports.
- Not guilty plea: Case management directions are issued and completed by the parties, and a directions will be made for the future management of the case.
60
Where are youths tried?
Youth court handles most trials (regardless of the seriousness), even indictable-only offences, except:
- Homicide or certain firearm offences.
- Cases involving connected adults.
Youths have no right to elect for Crown Court trial on either-way offences.
61
When must youths be tried in the Crown Court?
Youths **must** be tried in the Crown Court for:
- Homicide (e.g., murder or manslaughter).
- Firearms offences or offences of minding a weapon where, if convicted, the youth would be subject to a mandatory minimum sentence (s.311 SA 2020).
- Grave crimes where a sentence beyond youth court powers is needed (s.249 SA 2020).
- Dangerous offender cases involving extended sentences under s.254 SA 2020.
- Joint charges with adults sent to the Crown Court, where it is in the IOJ to send the youth to the CC for trial.
62
When does plea before venue/mode of trial apply in the youth court?
Generally, there will be no plea before venue in the youth court, but it is required if:
- The youth is charged with a grave crime under s.249 SA 2020.
- The youth is jointly charged with an adult for an either-way or indictable-only offence.
Sections 24A-D MCA 1980 outline the procedure, similar to adults with either-way offences.
Youths cannot elect Crown Court trial but can make representations for or against youth court trial.
63
How is mode of trial decided for youths?
- Representations are made by prosecution and defence; facts must be presented fairly.
- The court may consider the youth’s previous convictions.
- Each defendant is assessed separately if multiple youths are charged together (under 18). This means that one youth could be sent to Crown Court while others remain in youth court, although this is rare.
- If the youth is disorderly, the PBV procedure can occur in their absence if legally represented.
- A single justice may conduct the PBV procedure, and proceedings may be adjourned if necessary.
64
What are 'grave crimes' in the context of youth sentencing?
Defined under s.250 SA 2020, including:
- Offences carrying 14+ years imprisonment for adults.
- Certain Sexual Offences Act 2003 violations (e.g., ss.3, 13, 25, 26).
The Crown Court may impose longer detention for grave crimes if youth court sentencing (max 2 years) is insufficient.
65
What is the plea before venue/mode of trial procedure for grave crimes?
The procedure applies where s.249 SA 2020 is relevant.
The youth is asked to indicate a plea:
- If **not guilty**, the youth court decides whether a sentence under s.250 SA 2020 (over two years’ detention) ‘ought to be possible’ if convicted. If they consider it should be, they **must** send the youth to the CC for trial. The youth's previous convictions are taken into account at this stage.
- If **guilty**, this is treated as a guilty plea, and the court evaluates whether its sentencing powers are sufficient.
The decision considers the youth’s previous convictions.
If the youth court’s maximum powers of two years’ detention are insufficient, the case is sent to the Crown Court for trial.
66
Why was the plea before venue procedure amended for grave crimes?
Initially, the procedure involved a mode of trial decision without taking a plea:
- Decisions were made on the assumption of a not guilty plea, as there was no power to commit for sentencing after a guilty plea in the youth court.
- This sometimes resulted in youths pleading guilty at the Crown Court and receiving sentences that could have been imposed in the youth court.
The procedure was amended to:
- Include an indication of plea.
- Allow the youth court to commit for sentencing on summary conviction for offences under s.249 SA 2020.
- Enable more informed decisions about whether sentencing powers are sufficient.
67
How does the youth court decide whether s.250 SA 2020 (over two years' detention) applies?
If a guilty pela is indiscated in the youth court, this is taken as a plea of guilty. The court will then consider whether its sentencing powers are sufficient, making an informed decision on whether a sentence over two stage is needed.
The decision involves a **two-stage** test:
1. Is the offence capable of being a grave crime under s.249 SA 2020?
2. Is a sentence of over two years’ detention necessary?
For multiple offences where s.249 applies to one but not all:
- The court can consider the **combined seriousness** of all offences when determining if s.250 applies.
- Related offences may be sent for trial if s.249 applies, but the Crown Court can only impose long-term detention for offences falling under s.249.
In R (H) v Southampton Youth Court [2005] 2 Cr App R (5) 171 it was emphasised that youths, especially those under 15, should be tried in the youth court wherever possible, with the Crown Court being ‘**reserved for the most serious cases’.**
68
When are youths considered dangerous offenders sent to the Crown Court for trial?
Under s.51A(2) and (3)(d) of the Crime and Disorder Act 1998, a youth must be sent directly to the Crown Court if:
- The offence is a specified offence under s.306 SA 2020.
- It appears to the court that the criteria for imposing a sentence of extended detention under s.254 SA 2020 would be met if the youth is found guilty.
There is no plea before venue or mode of trial procedure for these cases where both criteria are met.
Any related offences may also be sent to the Crown Court.
69
What are the criteria for imposing extended detention on dangerous youths under s.254 SA 2020?
The criteria are similar to those for adults but not identical:
(a) The youth is convicted of a specified offence under s.306 SA 2020.
(b) The court determines there is a significant risk of serious harm to the public from the youth committing further specified offences.
(c) The offence warrants the equivalent of a determinate sentence of at least four years.
An extended sentence consists of:
- An appropriate custodial term plus
- An extended licence period.
The court considers factors listed under s.308 SA 2020 when assessing dangerousness, similar to adults.
70
How often should the dangerousness provisions be applied to youths, and what happens if more information emerges?
The Sentencing Children and Young People: Definitive Guideline states that sending youths to the Crown Court under dangerousness provisions should be rarely used because sufficient information about the offence is often unavailable to make a fully informed decision.
If jurisdiction is retained in the youth court, and further information emerges during or after the trial, the court can:
- Commit to the Crown Court for sentencing under s.17 SA 2020, if it concludes that the youth should be sentenced under dangerousness provisions.
71
How are dangerous offences and grave crimes considered in the youth court?
Some violent and sexual offences can qualify as both:
- Specified offences under s.306 SA 2020.
- Grave crimes under s.249 SA 2020.
Logical approach: Determine if the offence is a grave crime first because if a sentence over two years is not required, dangerousness (which requires at least four years) cannot be relevant.
However, the Youth Court Bench Book advises that dangerousness should be considered first.
72
What is the procedure for a youth charged jointly with an adult?
- A youth jointly charged with an adult may have their first appearance in the adult magistrates’ court with the adult.
- The court first determines where the adult should be tried, then considers where the youth should be tried.
- If the youth appears separately, their first appearance occurs in the youth court, but the court still considers the adult’s trial venue.
- The plea before venue / mode of trial procedure applies, with the youth asked to indicate a plea at the first stage.
73
What is the process when a youth indicates a not guilty plea and is charged jointly with an adult sent to the Crown Court?
- If the adult is sent to the Crown Court for trial, the youth's case will then go through the mode of trial procedure.
- The key criterion is whether it is necessary in the interests of justice to send the youth to be tried with the adult (s.51(7) Crime and Disorder Act 1998).
- If the youth is sent for trial, they may also face trial for any related indictable offences with which they are charged.
- Related summary offences can only be sent if they are punishable with imprisonment or involve disqualification from driving (s.51(8) & (11) CDA 1998).
74
What factors must the court consider when deciding whether a youth should be tried with an adult in the Crown Court?
Prosecution and defence make representations regarding the interests of justice.
When considering in which court the youth should be tried, the court is required to consider this non-exhaustive list:
Factors to consider:
(a) Whether separate trials would cause injustice to witnesses or the case as a whole.
(b) The age of the youth; the younger the youth, the more likely they should be tried in the youth court.
(c) The age gap between the youth and the adult, where a substantial gap favours the youth court.
(d) The lack of maturity of the youth.
(d) The relative culpability of the youth compared to the adult, and whether the alleged role played by the youth was a minor.
(e) The youth’s lack of previous convictions or findings of guilt.
The court also considers whether the youth should be sent for trial under s.249/250 SA 2020 if relevant.
75
What happens if the court decides the youth should be tried with the adult in the Crown Court?
- If the court decides to send the youth for trial with the adult, the youth’s case will be sent to the Crown Court for a Plea and Trial Preparation Hearing.
- The youth cannot be remitted back to the youth court for trial, even if the adult pleads guilty (R v W (a minor) v Leeds Crown Court [2012]).
- The youth would face trial alone in the Crown Court.
- If the court decide not to send the youth to the CC for trial, if their first appearance is in the youth court, the trial will remain there.
76
What happens if the court decides not to send the youth to the Crown Court for trial?
- If the court does not send the youth to the Crown Court, the youth's case remains in the youth court for trial, provided their first appearance took place there.
- If the youth’s first appearance was in the adult magistrates' court, the court must decide whether to remit the case to the youth court.
- They do have the power to keep it in the adult court, but the adult court usually remits the case to the youth court as it is better equipped to deal with youth defendants.
77
How does the classification of an offence as a grave crime impact the decision to send a youth to trial with an adult in the Crown Court?
If the offence is a grave crime under s.249 SA 2020, the court must consider whether a sentence under s.250 SA 2020 should be available if the youth is convicted.
This consideration plays a significant role in determining whether the interests of justice criterion for sending the youth to the Crown Court is met.
78
What happens when a youth indicates a not guilty plea while jointly charged with an adult for a summary offence?
If the adult consents to a summary trial, or the joint charge is a summary-only offence, the youth could be tried in the adult magistrates' court if any of the following apply:
- **Joint charge**: The adult magistrates' court **must** try both the youth and adult.
- **Aiding and abetting**: If the youth is charged with aiding and abetting the adult (or vice versa), the adult magistrates' court **may** try both together.
- **Same circumstances**: If the offences arise from the same circumstances, the adult magistrates' court may try the youth.
If the youth is not tried with the adult, the case will be remitted to the youth court for trial.
79
What happens when the adult pleads guilty but the youth indicates a not guilty plea?
If the adult pleads guilty at the plea before venue stage and the youth indicates a not guilty plea, the magistrates will remit the youth to the youth court for trial.
80
What happens if a youth indicates a guilty plea or is found guilty in the adult magistrates' court?
- If the youth pleads guilty or is found guilty in the adult magistrates' court, the court must consider whether its sentencing powers are appropriate.
- The adult magistrates' court has restricted sentencing powers for youths; if none of the available sentences are appropriate, the youth will be remitted to the youth court for sentencing (s.25 SA 2020).
- If the case involves a mandatory referral order, the magistrates may remit the case to the youth court, but they are not obliged to do so
81
Provide a summary of the court procedure for youths.
This element explored aspects of youth court procedure such plea, trial and what happens when youths are jointly charged with adults.
Youth court is essentially a magistrates’ court in the format of a summary trial.
**Generally**:
* First hearing- takes place before the youth court
* Plea- is taken on the first hearing and no plea before venue/ mode of trial procedure takes place
* Trial- the presumption is trial will take place in the youth court except in homicide and certain firearm offences
* Sentencing- in the youth court.
This element looked at times when the **general rules above do not apply** such as:
* First hearing- when a youth will have their first hearing before an adult magistrates court (e.g. when jointly charged with an adult)
* PBV/ Mode of trial procedure- circumstances when this takes place (e.g. ‘grave crimes’)
* Trial- circumstances when a youth must or may be tried in the adult magistrates’ court or the Crown Court
* Sentencing- when a youth must or may be committed to the Crown Court for sentence.
