Chapter 11: Youth Court Procedure

Question 1

The Youth Court is a part of which court?

Answer 1

The Magistrates’ Court

Question 2

The Youth Court deals with children between what age?

Answer 2

10-17

Question 3

Can the press attend the Youth Court?

Answer 3

Yes, but there are reporting restrictions to prevent the publication of any details which could lead to the identification of the defendant

Question 4

What can the Youth Court do if the youth turns 18 during the course of proceedings?

Answer 4

The Youth Court can retain the trial or send the case to the Magistrates’ Court

Question 5

Which three crimes must be sent to Crown Court?

Answer 5

1. Murder, attempted murder or manslaughter
2. Certain firearm offences
3. Specified violent, sexual or terrorism offences

Question 6

What are grave crimes?

Answer 6

Crimes which are punishable in the adult court by a sentence of 14 years of more e.g. robbery

Question 7

What should the Youth Court do when a youth appears charged with a grave crime?

Answer 7

• Consider the adequacy of its sentencing powers.
• Send to Crown Court if sentencing powers insufficient.

Question 8

What should the Youth Court do if there is a real prospect that a judge in the Crown Court would impose a sentence of substantially more than 2 years?

Answer 8

Decline jurisdiction and send the case to Crown Court

Question 9

If a youth is jointly charged with an adult who is sent to Crown Court for trial, where will the youth’s trial take place?

Answer 9

The youth will also be sent to the Crown Court for trial

Question 10

What is a referral order?

Answer 10

A referral to the Youth Offender Panel where a panel, the youth and their family agree a contract

Question 11

When MUST a referral order be made?

Answer 11

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

Question 12

When MAY a referral order be made?

Answer 12

• The defendant pleads guilty to some but not all offences; or
• If the defendant has previously received a referral order

Question 13

When can a referral order NOT be made?

Answer 13

The defendant pleads not guilty to all offences but is convicted after trial

Question 14

For how long can a Youth Rehabilitation Order last?

Answer 14

Up to 3 years

Question 15

For how long can a detention and training order last?

Answer 15

Up to 2 years

Question 16

What is a Detention and Training Order?

Answer 16

A custodial sentence

Question 17

What age of defendant cannot be subjected to a Detention and Training Order?

Answer 17

Defendants aged 10 and 11

Question 18

Can 10-11 year olds be subjected to a Detention and Training Order?

Answer 18

No

Question 19

Can 12-14 year olds be subjected to a Detention and Training Order?

Answer 19

Yes, if they are persistent young offenders i.e. sentenced on 3 or more occasions for an offence punishable by imprisonment

Question 20

Can 15-17 year olds be subjected to a Detention and Training Order?

Answer 20

Yes, if the court is of the opinion that only a custodial sentence is appropriate

Question 21

For how long can a Detention and Training order be imposed?

Answer 21

• 4, 6, 8, 10, 12, 18 or 24 months
• First half spent in custody
• Second half spent under supervision of Youth Offending Team who decide conditions of supervision

Question 22

Can a youth rehabilitation order include a requirement of unpaid work?

Answer 22

Yes, for up to 240 hours within one year