CLP 8 Youth Adult Flashcards
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 real prospect over 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.
Stage 4 - Youth plea in Magistrate’s court if adult pleads not guilty and child pleads guilty
Child pleads guilty, sentence in adult magistrate’s court or remit to youth court for sentencing.
Stage 4 - Youth plea in Magistrate’s court if both adult and child pleads not guilty
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 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
