Criminal 7: Youth Court Flashcards
Aims of youth justice system
Principle aim: prevent offending by children and young persons
Also protect welfare of juveniles
What is the Youth Offending Team (YOT)
Responsible for coordinating provision of youth justice services in their area
Member will attend each siting of youth court
Will assist court with:
□ Investigating personal circumstances/prev convictions
□ Support during bail
□ Preparing pre-sentence reports
□ Administering non-custodial sentences
When MUST/MAY parents/guardian accompany a juvenile
If child under 16, MUST accompany for each stage of proceedings unless court satisfied it would be unreasonable
16-17-court has discretion
Will the court want to hear parents/guardians views in relation to sentencing?
Yes
Who is allowed in the youth court
(a) district judge/ youth justices
(b) court staff (eg clerk and usher)
(c) juvenile and his parents or guardian
(d) CPS representative
(e) juvenile’s solicitor
(f) representative from the YOT
(g) press (subject to reporting restrictions
What reporting restrictions are the press subject to in the youth court
CANNOT report:
□ Name
□ Address
□ School
□ Other details likely to lead to identification of juvenile/other young person in proceedings
When does reporting restrictions for juveniles lift?
Ends automatically when turn 18 BUTCourt can impose lifelong reporting restriction if under 18 during proceedings
Can the court lift the reporting restrictions?
Yes to
□ Avoid injustice
□ OR following conviction if court satisfied its in the public interest to reveal identity
□NOT to be used as extra punishment
How is legal aid applied for?
Apply for representation order same as adults:
□ Interests of justice test-same plus take into account age of juvenile
□Means test-all u18s automatically satisfy
Age of criminal responsibility
10
Where is the Youth Court and who sits in it?
Part of magistrates system
○ District judge
○ OR bench of youth justices (trained magistrates)
What is a ‘child’?
What is a ‘young person”?
What is a juvenile?
Child-10-13
Young person 14-17
Juvenile:10-17 (child +young ppl collectively)
What is the difference between who is a ‘juvenile’ at the police station vs Youth court
Police station: is, or appears to be, under 18
Youth court: is under 18
What is a ‘persistent young offender’ (PYO)
A juveniles who has been sentences on 3 separate occasions for on or more recordable offences (offence capable of custodial sentence)
What is the effect of being a ‘persistent young offender’ (PYO)
Will have case expedited (so happens asap)
What are differences in practicalities in youth court?
○ All participants sit on same level
○ D in front of CPS rep/own sol in full view of magistrates
○ Solicitors remain seated when addressing court
○Child witness under 14 gives unsworn evidence (same in adult mag court)
What are differences in terminology in youth court?
○ D addressed by first name
○ straightforward language not legal terminology
○ Witnesses ‘promise’ not ‘swear’ to tell the truth
○ ‘finding of guilt’ not ‘conviction’
○ ‘order upon a finding of guilt’ not sentence.
How is the procedure and appeals different in the youth court
its not
Starting point assumption for where juveniles trial takes place
In YC
Where will the trial take place if charged when 17 and turn 18 before 1st appearance?
must send to MC
Where will the trial take place if makes 1st appearance when 17 and turn 18 when case ongoing?
YC can remit to adult MC OR retain case (will have same sentencing powers as MC)
When MUST a juvenile be sent to the CC?
- Homicide
- Firearms offences if 16 at time of offence
When MAY juveniles be sent to the CC
Grave crimes: if sentencing power insufficient
Specified offences: (violence/sexual offence) if juvenile dangerous offender (eg. automatic/discretionary life/extended sentence
Jointly charged with adult:
Adult in CC=J sent to CC if necessary in interests of justice
Adult in MC=both tried in MC, magistrates usually remit to YC for sentence unless propose to use fine/discharge
What is a grave crime?
Crimes where an offender over 21 may receive custodial sentence over 14y MAX (rape, robbery, assault by penetration, s18, sexual assault)
What procedure for plea before venue and allocation takes place where court MAY send juveniles to CC
Asked to indicate plea:
NG -similar allocation to MC for either way offence (YC will only decline jurisdiction and send to CC if they believe their sentencing powers inadequate)
GUILTY-YC will sentence or send to CC for sentence if believe sentencing powers inaccurate
Does a juvenile whos case MAY be sent to the CC have the right of election of a CC trial?
no
How can YC remand a juvenile?
(a) on bail (with or without conditions)
(b) into local authority accommodation or
(c) for 17- year- olds, into custody
What will the YC have to consider when deciding whether to grant bail
Report from YOT with details of juveniles:
○ Background
○ prev convictions
○ Home situation
○ Attendance at school/college/work
If bail is refused, where may the juvenile be remanded to?
a. Local authority accommodation
b. Youth detention accommodation
What is local authority accommodation
accom provided for/on behalf of LA, sometimes inc. returning home but under care of LA
Who MUST be remanded to LA accom and cant be remanded in youth detention accommodation?
10-11yo
If turns 12 during course of remand, possible they may be remanded to youth detention accommodation at next court appearance
What is the starting point for where a juvenile will be remanded?
presumption that 12-17yo will be remanded into local authority accom (consider best interests and welfare of child )
What conditions must be met before a juvenile can be remanded to YDA?
- MUST be 12-17
- Must usually have legal rep
- Offence must be
◊ Violent/sexual/adult could get 14y prison AND its v likely child will get custodial sentence
◊ OR recent and significant history of absconding in LA accom/YDA
◊ OR recent and significant history of committing imprisonable offences on bail/remand - Court must believe its necessary to:
◊ Protect public from death or PI (physical/psychological) from further offences
◊ OR to prevent commission of further imprisonable offences
◊AND the risk posed by the child cant be managed satisfactorily in the community
When sentencing, what must the court balance and have in mind?
Balance seriousness of the offence (previous record) with the welfare requirements of the juvenile
ALWAYS have in mind principle aims of youth justice system
Procedure for sentencing
○ CPS rep gives facts (if plead guilty)
○ J sol plea in mitigation
○ probs want to hear from parents/guardian
○ Obtain Pre sentence report from YOT before sentence (court may indicte sentence in mind so will assess juveniles suitability for that type of offence)
If a pre sentence report needs to be obtained, how can this be done?
□ YC may adjourn to prep report
□ OR ask member of YOT in court to prep a ‘stand down’ report to sentencing can take place without adjournment
What facts may diminish a juveniles culpability?
◊ Unlikely to have same experience
◊ Don’t have same capacity to understand actions
◊ Less able to resist temptation (esp peer pressure)
◊ Inherently more vulnerable
◊ more likey to act on impulse and adolescence=experimentation
What types of sentences may be made
- Referral orders
- Youth rehabilitation orders (YRO)
- Detention and training orders (last resort)
What is a referral order
□ Juvenile referred to youth offender panel composing of member of YOT and 2 community volunteers
□ Panel will speak to juvenile and fam with view to:
(a) stop further offending;
(b) help J right the wrong to V
(c) helpJ with any problems
□ Youth offender contract will be agreed (is a programme of behaviour designed to prevent juvenile re-offending)
How long will a youth offender contract (in a referral order) last?
3-12mo
When MUST a referral order be made?
- D pleads guilty
- Offence has possible custodial sentence
- No previous convictions
What is a youth rehabilitation order (YRO) and how long do they last?
Equivalent of a generic community order for adults
Court can inc requirements to achieve:
-Punishment
-Protection of public
-Reduction in re-offending and reparation
For period of up to 3y
When is the ONLY time a detention and training order can be imposed?
- Offence (or combo) so serious, neither a fine or community sentence can be justified
- Received a pre sentence from YOT which specifically addresses custody as an option
- Age 12-14-only if court considers juveniles a persistent young offender
15 and over-no restriction
How long can a detention and training order be?
Min 4mo, max 24mo
Must be the shortest period of time the court considers commensurate with the seriousness of the offence (or combination of offences)
Where will a detention and training order take place?
will be held in young offender institution for half of period then released into community under supervision for second half
Can the youth court impose a fine on a youth?
Yes but if under 16, must order it is paid by the parents
is a referral order avaliable if the D has previous convictions?
No
How does age affect if the court can impose a detention and training order?
*10-11-CANT
*12-14-only persistent young offender
*15 and over-no restriction
When will a youth be considered a dangerous offender?
◊ Automatic life imprisonment
◊ Discretionary life imprisonment
◊ Extended sentence
