CLP 8 Youth Flashcards
What are the aims of the youth justice system?
- prevent children and young people from offending
- to have regard to the welfare of the child or young person
What is the age of criminal responsibility?
10
How old are the following:
Youth/Juvenile
Young person
Child
Youth/Juvenile - under 18
Young person - 14 - 17
Child - 10-13
Is there a statutory definition of a persistent youth offender?
No - but guilt, in relation to imprisonable offences on at least 3 occasions in the past 12 months will do it.
Who sits in the Youth Court
either:
a district judge, or
no more than 3 magistrates
Are the public allowed to observe in the Youth Court?
No - also reporting restrictions
At what age must the court require a parent or guardian to attend at all stages of the hearing?
Under 16 ‘unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case’
At what age may the court require a parent or guardian to attend at all stages of the hearing?
16 or 17
What modifications may be made to court?
Arrange a familiarisation visit to the court
Remove wigs and gowns in the Crown Court
Refer to a child by their first name
Have a child sitting out of the dock
Have a child sitting close to an appropriate adult
Have a child sitting close to their lawyer
Arrange for regular breaks
Avoid complicated language, use clear and simple questions4
Be proactive in ensuring the child has access to support
Keep public access to a minimum
Use an intermediary to help communication
Use a live link to give evidence
Take time to explain court proceedings a child what is going on
When should a person be treated as under 18 at the police station?
Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile
Who should be informed of the juvenile’s arrest?
The person responsible for the juvenile’s welfare and the appropriate adult (who may not be the same person) must be informed as soon as practicable that the juvenile has been arrested, why he has been arrested and where he is being detained.
Can the appropriate adult instruct a solicitor on behalf of a juvenile?
Yes
Can the appropriate adult meet with the juvenile in private?
Yes
What happens if a Juvenile is cautioned in the absence of an appropriate adult?
The caution must be repeated in the AA’s presence
Can a Juvenile consent to an ID procedure by themselves?
No, the consent of the juvenile’s parent/guardian, as well as their own, is required for participation in any ID procedure.
If a youth is detained for court, where should they be placed?
local authority accommodation unless:
it is impracticable for the custody officer to do so i.e. physically impossible; or
in the case of a youth aged 12 – 17, no secure accommodation is available and other local authority accommodation would not be adequate to protect the public from serious harm.
What additional consideration is there as to whether a youth should have bailed refused?
Detained in his “own interests”
Where the youth has been arrested pursuant to an alleged breach of bail or breach of remand conditions, can the youth can be detained in police custody in the first instance?
Yes. Where the youth has been arrested pursuant to an alleged breach of bail or breach of remand conditions, the youth can be detained in police custody.
Who can act as an AA?
the parent, guardian or anyone else with parental responsibility;
a social worker; or
any other responsible adult who is not a police officer.
Can an AA insist to be in the room with a suspect and their solicitor?
No
Which Court would a youth first attend (if not jointly charged with an adult)?
Youth Court
Who Cannot act as an AA?
are suspected of involvement in the offence;
are the victim;
are a witness;
are involved in the investigation; or
have received admissions prior to attending to act as the AA.
A solicitor or independent custody visitor who is present at the police station and acting in that capacity, may not be the appropriate adult.
An estranged parent should NOT be asked to act as AA if the juvenile specifically objects to it.
In what circumstances can a Youth Caution be given?
- the police are satisfied that there is sufficient evidence to charge the youth with an offence;
- the youth admits the offence to the police;
- the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence.
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- The police cannot issue a youth caution for an offence that is indictable only in the case of an adult without the authority of the CPS.
- There is no statutory restriction on the number of youth cautions that a youth can receive, and a youth may receive a youth caution even if he or she has previous convictions, reprimands, warnings, youth cautions and youth conditional cautions.
When determining a sentence for a youth, what are the key considerations?
- prevent re-offending by children and young people;
- the welfare of the child or young person;
- the age of the child or young person (chronological, developmental and emotional)
- the seriousness of the offence which is determined in the same way as for adults by assessing the culpability and harm;
- the likelihood of further offences being committed; and
- the extent of harm likely to result from those further offences.
What is the relevant age for the purposes of sentencing
The age of the offender at the date of conviction
When will a youth not have their first hearing before the Youth Court?
- Jointly charged with an adult
- charge of aiding and abetting with an adult
- the youth is charged with an offence that arises out of the same circumstances as, or connected with, an offence an adult is charged with
If a youth does not have their first hearing in the Youth Court, where will their first hearing be held?
In the Magistrate’s court.
A youth will only have their first hearing in the magistrates court if they are jointly charged with an adult.
Can a youth elect to be tried in the Crown Court for an either way offence?
No
When can the youth court commit a youth to the Crown Court for sentencing?
- Youth is convicted of a ‘grave crime’ and the court considers a Crown Court should have power to sentence in excess of two years’ detention.
- Committal for sentence of dangerous young offenders (s.17 SA 2020).
- Committal for sentence for related offences (s.19 SA 2020).
What offences must the youth court send the youth to the crown court “forthwith” (i.e. without takin a plea)`
Murder
Firearm offences
Notice in fraud cases or
Cases involving children (abuse etc.)
Dangerous offenders
When will a plea before venue be held in the Youth Court?
- grave offence
- jointly charged with an adult (interests of justice)
Representations are heard from prosecution and defence
Where a plea before venue is held in the Youth Court, does the accused need to be present?
No. Not if they are disorderly and represented.
What are ‘dangerous offenders’ for the purposes of the youth court sending a defendant ‘forthwith’ to the Crown Court?
-They have been charged with a specified offence (don’t need to know what these are)
- the court considers them to be a dangerous offender (significant risk to the public of serious harm)
- a custodial term of at least 4 years would be imposed.
Where a youth is deemed to be a dangerous offender, should related offences also be sent to the Crown Court?
Yes
If the Youth Court retains jurisdiction, but later determines that a youth is a dangerous offender, can they send the youth to the Crown Court for sentencing?
Yes
What are Grave Crimes?
- Must be a sentence which is likely to be over 2 years.
AND
- Robbery
- Causing Grievous Bodily harm or wounding with intent
- aggravated criminal damage
- arson / aggravated arson
- Sexual offences
What does the youth court need to decide if a youth is charged with a Grave Crime?
Whether to retain jurisdiction or send to Crown Court by way of a “plea before venue”
Grave Crime + a sentence of more than 2 years needed.
What does happens if a youth is charged with a Grave Crime and pleads guilty at the youth court?
The offence is treated as tried summarily and the court should sentence or commit the youth to the Crown Court for sentencing.
What does happens if a youth is charged with a Grave Crime and pleads NOT guilty at the youth court?
Youth court determines allocation.
When a youth is charged with a Grave Crime and pleads NOT guilty at the youth court, how does the court decide whether they should be committed to the Crown Court?
Is there a real prospect (not merely a theoretical possibility) that sentence in excess of 2 years will be imposed?
What sentences can be passed against a youth?
- A referral order
- Fines
- Youth rehabilitation orders
- Detention and Training Orders
When can a Youth Referral Order be made
the court must be satisfied that the offence is “serious enough” to warrant it
When is a referral order mandatory?
- its an imprisonable offence
- on a first offence, and
- the offender pleads guilty to the imprisonable offence and any other offence being dealt with by the court at the same time.
What are the minimum and maximum terms for a Youth Referral Order?
Minimum 3 months and the maximum term is 12 months
When is a referral order discretionary?
DOESN’T MAKE SENSE?
on their second (or later) conviction; and/or
if the offender pleads guilty to the offence or a connected offence being dealt with by the court.
When can the court not give a referral order?
if the sentence is fixed by law or the court proposes to impose a custodial sentence / hospital order
If the young offender breaches a referral order, or is convicted of another offence while subject to a referral order, he may be referred back to the youth court. What options are available to the court
- extend the length of the contract period.
- order the young offender to pay a fine or
- revoke the referral order and deal with the youth in any manner in which he could have been dealt with for that offence.
Delete
Delete
When should a Detention and Training Order be used?
- they can only apply when a child or young person has been convicted of an offence which is punishable with imprisonment in the case of an adult;
- where an offence is ‘so serious that neither a fine alone nor a community sentence can be justified.’
What are the age restrictions on a Detention and Training Order?
No DTO can be imposed by the Youth Court on any offender aged 10 or 11;
No DTO can be imposed by the Youth Court on anyone aged 12-14, unless they are a persistent offender;
What are the minimum and maximum terms for a Detention and Training Order?
The minimum length of a DTO is 4 months;
The maximum length of a DTO is 24 months;
The court should take account of the circumstances, age and maturity of the child or young person.
How much of a Detention and Training Order is spent in detention?
The first half of the DTO is spent in secure youth detention and the second in the community under supervision.
What happens if a case warrants a Detention and Supervision Order of less than 4 months?
The case MUST result in a non-custodial sentence.
In what circumstances can an intense supervision and surveillance requirement and fostering requirement
The offence must be punishable by imprisonment
The child must be aged 14 or under (at the time of finding of guilt) if they are a persistent offender
What are the community alternatives to custody?
intense supervision and surveillance requirement and fostering requirement
What is the minimum sentence for murder for a child?
12 years
When are extended sentences available to the Crown Court?
- the offender must be deemed dangerous.
When are life sentences available to the Crown Court?
- the offender must be deemed dangerous.
When will a youth first appear in the adults magistrate’s court?
- The youth is jointly charged with an adult.
- The youth is charged with aiding and abetting an adult to commit an offence.
- An adult is charged with aiding and abetting a youth to commit an offence.
- The youth is charged with an offence that arises out of the same circumstances as, or is connected with, an offence that an adult is charged with.
Where a Youth is JOINTY CHARGED with an adult at the same time and the adult consents to summary trial, where will the YOUTH’S case be heard
The case MUST be held in the adults magistrate’s court
Where a Youth is CHARGED WITH AIDING AND ABETTING with an adult at the same time and the adult consents to summary trial, where will the YOUTH’S case be heard?
The case MAY be held in the adults magistrate’s court
Where a Youth is CHARGED OFFENCES ARISING OUT OF THE SAME CIRCUMSTANCES with an adult at the same time and the adult consents to summary trial, where will the YOUTH’S case be heard?
The case MAY be held in the adults magistrate’s court
Where will a youth have their first hearing if they are jointly charged with an adult, but have their first appearance at court at a different time to the adult?
In the Youth Court. But the court will still have regard as to where the adult was sent.
If the adult is sent to the Crown Court for a trial and the youth is to be tried on the same matter then what will the magistrates’ court have to bear in mind when considering whether juvenile and the adult should be tried jointly.
whether it is in the interests of justice (IOJ)
When considering whether a child should join an adult on the Crown Court, what are the considerations for “the interests of justice”?
injustice to witnesses ;
the age of the child or young person;
the age gap between the child or young person and the adult;
the lack of maturity of the child or young person;
the relative culpability of the child ; and/or
the lack of previous findings of guilt on the part of the child or young person.
What happens next if the court decides that the youth should be tried with the adult in the crown court?
The youth’s case will be sent to the Crown Court for a Plea and Trial Preparation Hearing, alongside the adult
Once a youth is lawfully before the Crown Court for trial can the court remit the youth back to the youth court for trial?
No - including if the adult with whom the youth was sent pleads guilty
Once the trial has been concluded and the child or young person is found guilty the court must remit the case to the youth court - True of False?,
False, it must unless it would be undesirable to do so or where the offence is homicide.
What is the order you should use when considering a youth sentencing alongside an adult?
Stage 1 - is it a forthwith offence?
Stage 2 - Is it a Grave Crime?
Stage 3 - Has the Youth been jointly charged with an adult?
Stage 4 - Take indication from Adult and determine venue, then take indiation of please from youth.
Stage 5 - Does the youth plead guilty or not guilty
Youth sentencing - what happens if:
Stage 1 has the Youth been charged with Homocide, Firearm (3 years +), fraud or child, or dangerous provisions?
If yes, goes to Crown Court forthwith.
If no, go to stage 2
Stage 2 - Has the Youth been charged with a Grave offence
- If Yes, if the’ 2 year test’ is met then send to Crown Court.
- If the 2 year test is not met, continue to stage 3
- If not a grave offence, go to stage 3
Stage 3 - Has the youth been jointly charged with an adult?
If ‘yes’, take plea from adult to decide ‘adult allocation’ then child and go to stage 4.
If ‘no’, if guilty sentence in youth court. If ‘no’, not guilty, trial in Youth Court
Stage 4 - Youth plea in Magistrate’s court
If adult pleads guilty, youth remitted to youth court.
If adult please not guilty:
Child pleads guilty, sentence in adult magistrate’s court or remit to youth court for sentencing.
If adult pleads not guilty and child pleads not guilty:
- If adult retained in Magistrate’s court, youth must be tried jointly,
- If adult sent to CC consider Interests of Justice as to whether youth should follow, if ‘yes’, youth follows adult, if ‘no’ youth goes to youth court.
When is a referral order given?
referral order is the mandatory sentence for youth who have
- committed an offence for the first time and
- have pleaded guilty to
- an imprisonable offence.
