Chapter 11: Youth Court Procedure Flashcards
The Youth Court is a part of which court?
The Magistrates’ Court
The Youth Court deals with children between what age?
10-17
Can the press attend the Youth Court?
Yes, but there are reporting restrictions to prevent the publication of any details which could lead to the identification of the defendant
What can the Youth Court do if the youth turns 18 during the course of proceedings?
The Youth Court can retain the trial or send the case to the Magistrates’ Court
Which three crimes must be sent to Crown Court?
- Murder, attempted murder or manslaughter
- Certain firearm offences
- Specified violent, sexual or terrorism offences
What are grave crimes?
Crimes which are punishable in the adult court by a sentence of 14 years of more e.g. robbery
What should the Youth Court do when a youth appears charged with a grave crime?
- Consider the adequacy of its sentencing powers.
- Send to Crown Court if sentencing powers insufficient.
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?
Decline jurisdiction and send the case to Crown Court
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?
The youth will also be sent to the Crown Court for trial
What is a referral order?
A referral to the Youth Offender Panel where a panel, the youth and their family agree a contract
When MUST a referral order be made?
The defendant pleads guilty to an imprisonable offence and has not been convicted of an imprisonable offence before
When MAY a referral order be made?
- The defendant pleads guilty to some but not all offences; or
- If the defendant has previously received a referral order
When can a referral order NOT be made?
The defendant pleads not guilty to all offences but is convicted after trial
For how long can a Youth Rehabilitation Order last?
Up to 3 years
For how long can a detention and training order last?
Up to 2 years
What is a Detention and Training Order?
A custodial sentence
What age of defendant cannot be subjected to a Detention and Training Order?
Defendants aged 10 and 11
Can 10-11 year olds be subjected to a Detention and Training Order?
No
Can 12-14 year olds be subjected to a Detention and Training Order?
Yes, if they are persistent young offenders i.e. sentenced on 3 or more occasions for an offence punishable by imprisonment
Can 15-17 year olds be subjected to a Detention and Training Order?
Yes, if the court is of the opinion that only a custodial sentence is appropriate
For how long can a Detention and Training order be imposed?
- 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
Can a youth rehabilitation order include a requirement of unpaid work?
Yes, for up to 240 hours within one year
