CLP Youth Court Matters of Jurisdiction

Question 1

Grave crime

Answer 1

1. State the offence: is it a grave crime? (an offence for which an adult is punishable within 14 years imprisonment or more)
   - robbery / aggravated criminal damage / domestic burglary / s18
2. Test: is there a real prospect that a sentence in excess of 2 years’ detention will be imposed?
   - use the guidelines
   - regard previous convictions
   - multiple offences –> have regard to all of them

Question 2

What does the court do if it finds that it is a grave crime?

Answer 2

If there is a grave crime (the two criteria are satisfied) –> it must be submitted to the Crown Court (for trial or committed for sentence)

Question 3

When is the interests of justice test relevant?

Answer 3

It is only relevant where the adult is sent / elects to go to the Crown Court for trial

Question 4

What factors are considered when deciding whether to send the young person to the Crown Court (rather than having a trial in the youth court)

Answer 4

• whether separate trials will cause injustice to witnesses or the case as a whole
• the age of the child or young person
• the age gap between child or young person and adult co-offender
• lack of maturity of young person
• relative culpability of young person and whether alleged role played by youth was minor
• lack of previous findings of guilt on behalf of the young person
• YC is better equipped to deal with youths

Question 5

Grave crimes - Plea Before Venue

Answer 5

1. The youth is asked to indicate a plea
   - If indication is not guilty = youth court must consider whether, if convicted of the offence, it ought to be possible to impose a sentence which could be imposed if they were an adult
   a) Yes - sent youth to Crown Court for trial

• If guilty plea is indicated = court considers whether sentencing powers are sufficient and whether a sentence of over two years’ detention is necessary