CLP 25 - Youths

Question 1

When must a child or young person be sent to the Crown Court automatically?

Answer 1

If they are charged with:
* Homicide
* A firearms offence with a mandatory minimum sentence of 3+ years
* Serious fraud/child case with notice served
* They appear to meet dangerousness criteria

Question 2

What happens if no plea is taken in the youth court in serious cases?

Answer 2

The child/young person must be sent to the Crown Court for trial.

Question 3

What is a “grave crime” for youth court purposes?

Answer 3

A crime:
* That would carry 14+ years for an adult
* Certain serious sexual offences (e.g. under SOA 2003)
* One where the sentence may need to exceed the youth court’s 2-year limit

Question 4

What if the youth pleads not guilty to a grave crime?

Answer 4

The court must decide:
* If sentence could exceed 2 years → Send to Crown Court for trial
* If not → Proceed with trial in youth court

Question 5

What if the youth pleads guilty to a grave crime?

Answer 5

The court must decide:
* If sentence could exceed 2 years → Commit to Crown Court for sentence
* If not → Sentence in youth court

Question 6

Can a case be sent to the Crown Court after conviction in youth court?

Answer 6

Yes, if new facts emerge that show the youth court’s sentencing powers are insufficient.

Question 7

What if a child is charged jointly with an adult with an either-way offence?

Answer 7

The adult’s allocation decision comes first. Then:
* If youth is jointly charged or aiding/abetting: may be tried with adult
* If interests of justice favour separation: try youth in youth court

Question 8

What factors determine if a youth should be tried with an adult?

Answer 8

Factors include:
* Age/maturity of the youth
* Seriousness of youth’s role
* Risk of inconsistent verdicts
* Avoiding multiple trials
* Interests of justice

Question 9

What if the adult pleads guilty and the youth pleads not guilty?

Answer 9

Usually, the youth is sent back to youth court for trial.

Question 10

What if the youth is charged alongside an adult with an indictable-only offence?

Answer 10

The adult is sent to Crown Court first. Then the court decides whether to:
* Send the youth too (if grave/dangerous)
* Keep youth in youth court if sentencing powers are sufficient

Question 11

Can previous convictions of the youth affect allocation?

Answer 11

Yes – they can influence whether a case is considered grave or whether Crown Court sentencing is required.

Previous convictions may indicate a pattern of behavior that necessitates a more severe legal response.