Chapter 11: Youth Court Procedure Flashcards
What is the Youth Court?
It is a part of the Magistrates’ Court and deals with youths aged between 10 and 17.
How are proceedings conducted in the Youth Court?
Proceedings are conducted in a closed courtroom where the public are excluded.
Press is permitted to attend but is subject to reporting restrictions that prevent the publication of any details likely to lead to the identification of the defendant.
Conducted in a less formal manner with representatives remaining seated when they address the bench + all parties, including the defendant, sitting at the same level.
What happens if a youth turns 18 during the course of proceedings?
The Youth Court may elect to retain the case for trial or remit the case to the adult Magistrates’ Court.
In either event, the court will have the full range of sentencing options available in the adult court upon conviction
When must a youth be sent to the Crown Court for trial?
There are a no. of offences for which a youth must be sent to the Crown Court for trial, including:
- Murder, attempted murder, or manslaughter,
- Certain firearm offences, and
- Specified violent, sexual, or terrorism offences where the youth is considered dangerous
What is a ‘grave crime’?
An offence punishable in the adult court by a sentence of 14 years of more, such as:
- robbery,
- rape, or
- a specified firearms or sexual offence.
What happens when a youth appears charged with a grave crime?
The Youth Court considers the adequacy of its sentencing powers in determining whether to accept jurisdiction.
The Youth Court should send cases to the Crown Court only if it feels its maximum sentence is insufficient + that a sentence of long term detention would be more appropriate.
The court must conclude that there is a real prospect of a custodial sentence of substantially more than 2 years to decline jurisdiction.
What happens if a youth is jointly charged with an adult who is sent to the Crown Court for trial?
The youth will also be sent to the Crown Court for trial.
What happens if a youth is jointly charged with an adult standing trial in the Magistrates’ Court?
The youth will be tried alongside the adult in the Magistrates’ Court
What provides guidelines on sentencing youths?
The Sentencing Children and Young People Definitive Guidelines
What do the Sentencing Children and Young People Definitive Guidelines do?
Provide comprehensive guidelines to both Magistrates’ and Crown Courts on:
- the types of sentences available when dealing with youths, and
- the purpose and role of sentencing when dealing with youths.
What is the primary purpose of sentencing in the Youth Court?
Preventing offending.
There is an emphasis on rehabilitation, on avoiding criminalising youths unnecessarily + on getting young offenders to take responsibility for their actions
What does a referral order involve?
Involves a referral to the Youth Offender Panel.
The panel comprises a member of the youth offending team + 2 community representatives.
The panel will meet with the youth and their family and agree a contract (from 3 - 12 months in length) aiming to address the youth’s offending, address their issues, and make restitution to the victim
What happens if the youth commits further offences whilst subject to a referral order or breaches terms?
The court has discretion on whether to permit the order to continue or to revoke the order and resentence
When must an referral order be made?
If:
i. the defendant pleads guilty to imprisonable offences, and
ii. has not been convicted of an imprisonable offence before (unless the bench intends to impose a custodial sentence or an absolute discharge)
When may a referral order be made?
If:
i. the defendant pleads guilty to some but not all offences, or
ii. if a defendant has previously received a referral order
When can a referral order not be made?
If the defendant pleads not guilty to all offences but is convicted after trial
How long can a youth rehabilitation order last?
Can last up to 3 years
What can a youth rehabilitation order include?
Can include a variety of conditions, including:
i. supervision (attending appointments with the probation service),
ii. unpaid work - completing up to 240 hours of unpaid work over a maximum of 12 months,
iii. activities - making restitution to the victim/addressing their offending behaviour,
iv. programmes (such as anger management),
v. curfew
vi. exclusion from specified areas, and
vii. residence requirements
What is a detention and training order?
The custodial sentence available to the Youth Court
When is a detention and training order not available ?
For defendants aged 10 and 11
When can defendants aged 12 -14 receive a DTO?
Only if they are persistent young offenders.
A persistent young offender = a defendant who has been sentenced on 3 occasions for an offence punishable by imprisonment
When can a DTO be imposed for defendants aged 15-17?
A DTO can be imposed on any offender so long as the court is of the opinion that the case is so serious that only a custodial sentence is justified.
What periods can a DTO be imposed for?
Can be imposed for a period of 4, 6, 8, 10, 12, 18, or 24 months
How will a DTO sentence usually be spent?
The first half of the sentence will be spent in custody.
The second half of the sentence will be spent under the supervision of the Youth Offending Team.
Who determines the conditions of the supervision period of a DTO?
The Youth Offending Team, rather than the court, will decide the conditions of the supervision period.
What can happen if the supervision element of the DTO is breached?
The court can order the youth to serve a further period in custody
