CLP 8 Youth Court Flashcards
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.
- later consider youth to be a dangerous offender
- Committal for sentence for related offences (s.19 SA 2020).
When MUST a youth be tried in the Crown Court?
- homicide
- guns
- dangerous offender
- jointly charged with adult and in the interests of justice
What are grave crimes
- Robbery
- Causing Grievous Bodily harm or wounding with intent
- aggravated criminal damage
- arson / aggravated arson
- Sexual offences
(sent to CC where 2 years detention wouldn’t be enough)
What happens next if a child is accused of grave crimes
Plea before venue hearing:
What happens at a plea before venue hearing for a child is accused of grave crimes and they indicate a guilty plea
- Youth court consider whether its sentencing powers are enough. If not, sent to Crown Court
What are dangerous offenders for the purposes of the youth court sending a defendant ‘forthwith’ to the Crown Court?
i.e. MUST be sent to Crown Court so no plea before venue
Rarely used
- They have been charged with a specified offence (don’t need to know what these are)
AND
- the court considers there to be significant risk to the public of serious harm
AND
- a custodial term of at least 4 years would be imposed.
What offences must the youth court send the youth to the crown court “forthwith” (i.e. without takin a plea)`
- Murder
- Firearm offences
- Dangerous offenders
- Notice in fraud cases or
- Cases involving children (abuse etc.)
When will a plea before venue be held for a Youth?
- 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.
Where a youth is deemed to be a dangerous offender, should related offences also be sent to the Crown Court?
Yes
