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
