Criminal 7 - Youth Court Procedure Flashcards
Aims
Prevent offending (wouldn’t have guessed it!)
Solicitors must have regard to this
Role of Youth Offending Team (YOT);
Likely probation service member who has been trained in youth justice matters
YOT will assist with;
-investigating and confirming personal -circumstances and previous convictions
-providing support for juveniles on bail
-preparing pre-sentence reports
-administering non-custodial sentences imposed
Under 16 must be with guardian, unless court satisfied unreasonable
16 or 17 court has discretion.
Play active role.
Reporting restrictions (allowed to attend);
(a) the district judge/youth justices
(b) court staff (such as the court clerk and usher)
(c) the juvenile and his parents or guardian
(d) the CPS representative
(e) the juvenile’s solicitor
(f) a representative from the YOT
(g) members of the press.
Press cannot report name address or school or details which will lead to identification (even of witness if young). End when 18.
S49 Child and young persons act 1933 - allows to lift to avoid injustice or in public interest.
Should not be used as extra punishment
Legal representation;
Under 18 automatically eligible under means test.
Youth court jurisdiction
Part of magistrates.
Before district judge or bench of youth justices.
10 - 17.
10 and below cannot be held liable
Children 10-13
Young people 14-17
Persistent young offenders - three or more separate occasions.
Will be dealt with more quickly
Differences
Less formal layout.
Straight forward language encouraged.
Promise rather than swear
Under 14 unsworn
Finding of guilt
If charged at 17 and turn 18 no jurisdiction (PRIOR TO FIRST APPEARANCE).
If first appearance when 18 but later turns 18 have option to remit or retain jurisdiction. If retain will have full adult powers.
Subject to full mag sentencing power.
Must be sent to adult court;
Homicide
Firearms
Grave crimes - offender over 21 years old may receive custodial sentence of 14 years or more. (robbery, rape, assault, assault by penetration, s18 GBH).
Will send if sentencing powers insufficient.
Specified offences - Dangerous offender (life, discretionary life, extended sentence).
Jointly charged with adult - necessary in interests of justice, if mags will try in same court but remit for sentencing.
Plea before venue and allocation
applies where may send to crown.
Guilty - youth court sentence or send to crown court (if inadequate).
Not guilty - similar allocation will be followed to either way. Only decline where powers inadequate if convicted.
(Not in excess of 24months)
Does not have right to choose
Bail
Power to remand a youth;
(a) on bail (with or without conditions)
(b) into local authority accommodation or
(c) in the case of 17-year-olds, into custody
Will have report, home life, record etc..
If refused bail may be remanded to;
Local authority accommodation
Ten to 11 (cannot be remanded to below)
12-17 - presumption remanded here
Youth detention accomodation;
Four conditions ;
Best interest and welfare of child
Must be 12 to 17
Must have legal representation
Violent or sexual offence which adult could be punished 14 years or more (very likely they will receive custodial) Or recent and significant history.
Necessary to protect public from death or serious personal injury (physical or psychological).
Sentencing
Balance seriousness with welfare. Principal aim of prevention.
Similar to adult. Plea for mitigation, parent invited to speak
YOT report needed. Indicates sentence
Either adjourn to prepare report or ask member of YOT to sand down report so sentencing rakes place.
Sentencing guidelines;
Welfare and prevention first.
Seriousness first (focused on child and rehabilitation).
Measure of last resort custodial
Avoid criminalising unnecessary.
Diminished culpability
Opportunity to address their behaviour
More sympatehtic.
Key elements to consider
-principal aim
-welfare
-age
-seriousness
-likelihood of further offences
-extent of harm likely to result from further offences.
Seriousness.
Culpability (planned, role of child, level of force, awareness had)
Harm - physical and psychological harm to victim, degree of loss and extent of damage.
Aggravating and mitigating factors.
Orders
Referral order - plead guilty to offence with custodial possibility, never previously convicted or bound.
Mixed plea court has power.
Or in exceptional circumstances (second order).
Referred to youth offender panel - YOT and two volunteers;
panel will speak to youth to ;
stop further offending, help juvenile right wrong, help juvenile with problem
Will agree youth offender contract. Between three and 12 months. Agreed between juvenile and panel members
Youth rehabilitation orders (YRO)-
up to 3 years
Same as community order.
Detention and training orders;
So serious fine or community sentence cannot be justified or YRO with intensive supervision and surveillance.
Need to state why YRO innaprorpoate.
Cannot be 10 to 11
12 - 14 only if PYO.
15 - no restriction.
No power to suspend.
At least 4 - 24 months.
Shorter period of time court thinks commensurate.
Need YOT report that suggests custody possible option.
Held In young offender for half or period of order. Released under supervision of YOT.
Degree of supervision decided (likely tag and intensive supervision).
Can be further punished for breach.
Same rights of appeal
