Criminal Litigation Procedure Flashcards

Question

What must the prosecution disclose to the defence?

Answer 1

Evidence they intend to use and any unused material that could assist the defence

Answer 2

**Legal Burden** The prosecution must prove guilt beyond a reasonable doubt Occasionally falls on the defendant -> if they raise certain defences such as insanity or duress. Their burden is on the balance of probabilities **Evidential Burden** Prosecution must put their case forward with sufficient evidence. If not sufficient, defence can apply for a submission of no case to answer Defence are not obliged to provide evidential evidence but should do if they raise a defence. Can discharge easily by having defendant give evidence on stand

Answer 3

They assess the reliability of eyewitness identification . Only applicable if the defendant disputes the identification evidence Guidelines assess: * Amount of time (witness saw defendant) * Distance * Visibility * Obstruction * Known or unknown to witness * Any reason to remember the defendant * Errors in witness's first description * Time lapse between offence and ID procedure

Answer 4

Defined under Section 101(1) of the Criminal Justice Act 2003 (101(1)(a-g)) (a) all parties to the proceedings agree (b) evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination (c) important explanatory evidence (d) relevant to an important matter in issue between the defendant and the prosecution (e) substantial probative value in relation to an important matter in issue between the defendant and a co-defendant (f) evidence to correct a false impression given by the defendant (g) defendant has made an attack on another person’s character

Answer 5

The court may exclude evidence if admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

Answer 6

Opening statements, evidence presentation, cross-examination, closing arguments, and verdict

Answer 7

A defence argument that the prosecution has not presented enough evidence

Answer 8

Screens, live links, intermediaries, and pre-recorded evidence

Answer 9

By considering CPS sentencing guidelines and assessing any aggravating and mitigating factors

Answer 10

A hearing to resolve disputed facts before sentencing * if the ‘correct version’ of events has bearing on possible sentence then court must either accept the defendant’s version of events, or allow both the CPS and the defendant to call evidence to help ascertain true version (done through a Newton Hearing) * Can avoid Newton hearing if both Prosecution and Defence agree on set of facts (known as basis of plea)

Answer 11

Custodial sentences, suspended sentences, community orders, fines, discharges

Answer 12

By appealing to the Crown Court

Answer 13

The court can quash a conviction, reduce a sentence, or order a retrial

Answer 14

It deals with defendants under 18, except in cases of grave crimes

Answer 15

Referral orders, detention and training orders, and youth rehabilitation orders

Answer 16

The Bail Act 1976 establishes a general right to bail (s.4), with exceptions (Sch 1)

Answer 17

It is a presumption that all defendants have a right to bail unless one of the exceptions applies There are exclusions (groups the presumption does not apply to) and exceptions (grounds on which to refuse bail even if presumption applies) **Exclusions** If defendant is charged with the following, the presumption does not apply and the court will only grant bail if there is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another person * Murder * Attempted murder * Manslaughter * Rape * Attempted rape * A number of other serious sexual offences

Answer 18

1. There is an exception to the right to bail, and 2. There is a real prospect of a custodial sentence being imposed if convicted 3. Where the defendant is charged with an offence that can be tried in the Crown Court and they were on bail at the time of the offence 4. Where custody is for their own protection 5. Where there is insufficient evidence for application for bail 6. Where they failed to surrender or breached bail condition in same proceedings

Answer 19

a. Fail to surrender to custody b. Commit further offences while on bail c. Interfere with witnesses or otherwise obstrust justice There are other exceptions but these are by far the most common

Answer 20

* The nature and seriousness of the offence and likely sentence (custody, community order, fine) * Strength of the evidence against the defendant * Defendant’s previous convictions (makes bail less likely) -> Defendant's character and antecedants * Defendant's associations and community ties * Defendant's record on complying with previous bail (have they absconded in the past)

Answer 21

Unconditional bail allows the defendant to remain free without restrictions, while conditional bail imposes specific requirements to reduce risk

Answer 22

* Residence at a specific address -> Absconding and committing further offences * Curfew -> Committing further offences * Reporting to a police station -> Absconding and committing further offences * Surrendering a passport -> Absconding * Electronic tagging * Avoiding contact with witnesses -> Interfering with witnesses and Absconding * Security / surety -> Absconding * Restriciton on entering certain areas -> Committing further offences and Interfering with witnesses * Appointments with solicitor or probation officer

Answer 23

Magistrates are under a duty to consider the question of bail at any subsequent hearing if the defendant is still in custody and the presumption in favour of bail still applies If bail refused: Defendant can appeal decision * by filing notice of application Prosecution can appeal decision * Oral notice at end of hearing in which bail was granted * Notice confirmed in writing not more than 2 hours after giving oral notice to court * Crown Court must hear appeal not later than 2 working days after the appeal notice

Answer 24

Only a Crown Court judge can grant bail in murder cases, and the defendant must not pose a significant risk to the public

Answer 25

The case may be adjourned, sentenced immediately, committed to the Crown Court, or set for trial depending on plea and classification

Answer 26

Advising the client on plea and bail, making representations on venue, and ensuring fair procedure

Answer 27

By considering the seriousness of the case, sentencing powers of magistrates, likelihood of acquittal, and defendant’s preference, costs and time, stress

Answer 28

The case is automatically sent to the Crown Court for trial

Answer 29

Sections 19–20 and Section 22A

Answer 30

These sections require certain either-way offences to be sent directly to the Crown Court without allocation and for all indictable only offences to be sent automatically without allocation. **s.50A** If either-way offence, must be sent to CC if * charged or co-defendant charged with an indictable only offence (if separate offences, case may be sent but not mandatory) * Notice is given to the court indicating the case is complex, fraud, or involves to children

Answer 31

Ensuring proper case preparation, addressing legal issues, and setting timetables for trial During a case management hearing, directions are given to the parties to ensure a smooth and expedited trial

Answer 32

No, if the witness is providing evidence of a matter which is not in dispute, then there is no need for them to attend. Instead, a s.9 Witness statement should be included

Answer 33

The prosecution discloses evidence to be used as well as 'unused material', while the defence can/must submit a statement outlining their case (Usually a defence statement) A defence statement is almost always given in Crown Court (repurcussions if not given) but only if they think that the CPS will, in the light of the information disclosed in the statement, be in a position to disclose additional unused material that may assist the defence case

Answer 34

* Sets out nature of defence (ie defences on which to rely, alibi, self defence etc) * Sets out matters of fact that defendant takes issue with the prosecution and why * Sets out particulars of the matter of fact on which defenants intends to rely * Sets out any points of law (including admissibility of evidence) that defendant wishes to use in trial * If giving alibi, including the name, address, date of birth of any witness

Answer 35

An adverse inference is a conclusion the court or jury draws based on the silence or omission from the defendant

Answer 36

Any ‘faults’ in disclosure given by the defence (ie defence statement) s.34 -> Failure to mention anything when questioned which the defendant could reasonably be expected to mention s.35 -> Failure to give evidence (stays silent) at trial s.36 -> Failure to account for an object, mark or substance s.37 -> Failure to account for presence at crime scene s.38 -> Cannot convict on adverse inference alone (must have other evidence)

Answer 37

A statement made outside of court presented as evidence of the truth of its contents

Answer 38

Under the Criminal Justice Act 2003, hearsay is admissible if it falls under an exception, such as witness unavailability

Answer 39

The two types are First-hand hearsay and Multiple hearsay **First hand hearsay** Jason is arrested. The arresting officer gives evidence at court that on arrest, Jason said "okay, it was me, but I only did it for drug money" * The person giving the hearsay evidence (the officer here) heard it directly from the person who made the statement which they are repeating in court **Multiple hearsay** A told B about a cash deposit, B tells C about the cash deposit and C makes entry in bank ledger. Robbery occurs and CPS seeks to use ledger as evidence * This passes through multiple people before reaching the court

Answer 40

a. Statute b. Rule of Law c. All parties agree to it's admission d. It is in the interests of justice

Answer 41

There are 6 in total 1. Where the witness is not available (dead, sick, outside of UK etc) 2. A business document (if created and received in course of trade, person who supplied it can be expected to have personal knowledge of the matter) 3. Previous inconsistent statements of a witness 4. Other previous statements of a witness 5. Statements from a witness which are not in disute (could be an expert witness) (s.9 statement could be needed) 6. Formal admissions and confessions made by defendant

Answer 42

**Admissible if:** 1. Must be first-hand hearsay 2. Person who made the statement is identified to the court's satisfaction 3. Any of the following conditions mentioned in subsection (2) (below) **Subsection 2 conditions:** * the relevant person is dead * the relevant person is unfit because of mental or bodily condition * the relevant person is outside the UK and not reasonably practicable to secure their attendance * the relevant person cannot be found despite reasonable steps being taken * the relevant person declines to attend in person through fear (and court gives leave to do so)

Answer 43

**Section 117(1)** 1. oral evidence would be evidence of that matter 2. requirements in 117(2) are satisfied, and 3. if required by 117(4), the conditions in 117(5) are satisfied **Section 117(2)** 1. document must have been created or received by a person in the course of trade, business, profession etc 2. person who supplied the info contained in statement (relevant person) had or could be expected to have personal knowledge of the matter 3. if multiple hearsay, all people through which the information was passed, received the document in the course of trade **Section 117(4)** 1. If document is prepared for use in criminal proceedings, then must satisfy the requirements under s.117(5) **Section 117(5)** 1. any of the conditions under s.116(2) are satisfied (ie dead, sick, out of country etc), or 2. the relevant person cannot reasonably be expected to have any recollection of the matters dealt with in the statement

Answer 44

Confession evidence * evidence that the defendant had made a confession was admissible at common law as an exception to the rule excluding hearsay evidence Res Gestae * refers to a statement made during or in close proximity to an event * statement must be made very very close around time and place of offence

Answer 45

This is a catch-all provision with very wide discretion Court must consider each of the points below (but does not have to come to a conclusion on each, just take into consideration) **Factors for court to consider** * How much probative value the statement has in relation to a matter in issue or how valuable it is for understanding other evidence in the case * What other evidence has been or can be given * How important the matter or evidence is in the context of the case as a whole * Circumstances in which the statement was made * How reliable the maker of the statement appears to be * How reliable the evidence appears to be * Whether oral evidence can be given and if not, then why not * Amount of difficulty involved in challenging the statement * Extent to which that difficulty would be likely to prejudice the party facing it

Answer 46

Multiple hearsay is only admissible if: * It is a business document * It is a consistent or inconsistent statemnt * All parties agree to its admission * The value of the evidence is so high that it is in the interests of justice

Answer 47

Any statement wholly or partly adverse to the person who made it, whether made to a person of authority or not and whether made in words or otherwise

Answer 48

Yes, a confession made by a defendant prior to trial will be admissible by virtue of s.76 of PACE

Answer 49

If a defendant accepts that they gave the confession but denies it truthfulness (ie it was coerced out of them) then usually rely on s.76(2) of PACE (a and/or b) If defendant denies making confession, then use s.78 PACE **s.76(2)(a)** By oppression of the person who made it * includes torture, inhuman or degrading treatment and use of threat of violence * exercise of authority or power * imposition of unreasonable or unjust burdens * harsh or wrongful manners * unjust or cruel treatment **s.76(2)(b) - More common** Something must be said or done which, in the circumstances that existed at the time, would render unreliable any confession which the defendant made * Usually a breach of Code C of PACE * denying refreshments or breaks * offering inducements to confess * misrepresenting strength of prosecutions case * questioning in inappropriate way (repeat questions, yelling, badgering etc) * questioning suspect who is unfit for interview (drugs, alc, medical condition etc) If relying on this section and fact that defendant was denied access to legal advice, then there must be a link between breach and confession so ask whether if a solicitor was present this would have happened? **s.78** the admission of the confession would have such an adverse effect on the fairness of proceedings that it ought to be exluded

Answer 50

The court are under a duty to exclude evidence if they are satisfied that the grounds under s.76(2)(a) or (b) are met. Furthermore, for confession evidence, this section can only be used if the defendant admits to making the confession * s.78 is a discretionary power that overlaps somewhat with s.76(2)(b). It is a wider power but can be exercised at the discretion of the court

Answer 51

Evidence of, or a disposition towards, misconduct, other than evidence connected with the offence for which the defendant has been charged * Misconduct is defined as the commission of an offence or other reprehensible behaviour

Answer 52

There are 7 gateways a. All parties agree * straightforward, all parties agree to the evidence being admissible b. Defendant adduces evidence themselves * might want to show jury they are not hiding anything * plead guilty in past but not here -> shows they accept guilt when they did commit offence c. It is important explanatory evidence * without the evidence, the court or jury would not be able to understand the case d. It is relevant to an important matter in issue between the defendant and the prosecution * Propensity to commited offences of kind (either same description -> ie ABH for ABH, or same category -> two categories, theft and sexual offences) * Propensity to be untruthful -> previous offence entails an element of truthfulness ie false representation involved being untruthful. Or defendant plead not guilty to an earlier offence and the court or jury disagree and convict (means they did not believe the defendant) e. It has substantial probative value in relation to an important matter in issue between defendant and a co-defendant * allows a co-defendant to adduce evidence of the other co-defendant's bad character to show they are the more likely of the 2 (or more) to have commited the offence f. It is evidence to correct a false impression given by the defendant * Only Pros can adduce under this gateway * Example -> phil says 'im a good christian man, i would never commit the offence, i go to church every sunday. Pros can adduce evidence of prior convictions to correct this false impression g. the defendant has made an attack on another person's character * Only the pros can adduce evidence under this gateway * Could be evidence that another person commited an offence (whether different or the same offence) or if that person behaved, or is disposed to behave in a reprehensible way

Answer 53

Absolute discharge -> None Condition discharge -> None Fine -> 1 year Community order -> 1 year Custodial sentence up to 6 months -> 2 yaers Custodial sentence between 6 - 30 months -> 4 years Custodial sentence between 30 months and 4 years -> 7 years Custodial sentence over 4 years -> never spent

Answer 54

There are 7 gateways (a-g). Under gateways a, b, c, e, and f, the court has no power under the CJA to exlude but they can still use their discretionary power under s.78 PACE * For gateways d and g, the court MUST exclude the evidence if: * the defendant makes an application * the court is satisfied that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. This is the same test as s.78 of PACE, the only difference being s.78 is discretionary whereas under s.101(3) of CJA, it is mandatory to exclude if test satisfied

Answer 55

Yes, but it is more limited. It is likely to be used to show that a prosecutions witness is not being truthful or engaged in the offence itself or misconduct **s.100 CJA** There are three main grounds here * it is important explanatory evidence (same as regular bad character evidence) -> leave of court required * It has substantial probabtive value in relation to the matter (can use evidence of witness's prior convictions to show untruthfulness or that they committed the offence or ones of kind) -> leave of court required * All parties agree

Answer 56

This is a hearing within a hearing which is used to determine the admissibility of evidence If the prosecution seek to adduce evidence which the defence believe to be inadmissible and want to challenge it, a voir dire will be held for those purposes. If the evidence is ruled admissible during a voir dire, the strength of the evidence can still be challenged during cross-examintation

Answer 57

**R v Galbraith** Submission of no case to answer will be made by the defendant’s solicitor if either: * the prosecution has failed to put forward evidence to prove an essential element of the alleged offence; or * the evidence produced by the prosecution has been so discredited as a result of cross-examination, or is so manifestly unreliable, that no reasonable tribunal could safely convict on it

Answer 58

Typically 12 jurors present and they must make a unanimous decision on the verdict If over 2 hours and 10 minutes are spent deliberating, then an 11:1 or 10:2 split will be acceptable If only 9 jurors present for whatever reason, then unanimous decision is the only accepted method of deciding

Answer 59

Sir or Madam (preferred) Your Worship(s)

Answer 60

Your Honour

Answer 61

Example: DJ Hill Judge

Answer 62

All persons are competent to give evidence. All competent witnesses are also compellable (meaning they can be required to show at court through a witness summons and a failure to do so would amount to contempt of court) * there are of course exceptions to the general rule

Answer 63

a. A person is not competent if it appears that they are unable to: * understand questions put to him as a witness, and * give answers which can be understood There are two main groups of people who might fall within this exception * children (age is not determinative, just whether they can give intelligble testimony) * those with a defective intellect

Answer 64

**The accused** a. An accued is not a competent witness for the Crown (there are 4 situations where they might be though) * AG files nolle prosequi * order made for separate trials (co-accused for first trial may be called at second trial but not vice versa) * Accused is formally acquitted * Accused pleads guilty b. If co-accused, then they are competent but not compellable as a witness for the other co-accused c. Defendant is competent to give evidence in his own defence but is never compellable (but think about adverse inferences if choosing not to) **The spouse of the accused** d. The spouse of an accused may be compelled to give evidence for the defence (unless they too are co-accused). They are only compellable by the prosecution if the offence relates to injury or threat to the spouse or someone under 16 years of age, or if the offence is a sexual offence or an attempted sexual offence against a person under 16 e. Spouse is compellable as a witness for the accused

Answer 65

1. Previous convictions (if committed recently or of similar type) 2. Offences committed whilst on bail 3. Racial or religious aggravation 4. Hostility based on sexual orientation or disability

Answer 66

* Offences that are planned or premeditated * Offenders operating in groups or gangs * Deliberate targeting of vulnerable groups * Offences committed wihlst under the influence * Use of weapon * Deliberate and gratuitous violence or damage to property beyond that required for the offence * Abuse of position of trust * Offences committed against those working in public sector * In property offences, the high value or sentimental value or property to the victim * Failure to respond to previous sentences

Answer 67

* Offences committed on impulse * Defendant experienced a greater degree of provocation than normal * Defendants suffering from mental illness or physical disability * Defendant only played a minor role * If defendant is particularly young or old * Defendants who were motivated by genuine fear * Defendants who have made attempts to make reparations to their victim

Answer 68

1/3 discount * guilty plea entered at first stage of proceedings 1/4 reduction * if guilty plea not entered at first stage but before first day of trial 1/10 reduction * if guilty plea entered on first day of actual trial (potentially no reduction if entered during trial itself)

Answer 69

a. Determine the offence category * Harm and culpability b. Look at starting point and range * consider any aggravating or mitigating factors c. Consider factors that might reduce sentence such as assisting the prosecution (usually relating to other matters and not the offence itself) * not very common in practice d. Consider any reduction in sentence for a guilty plea * when did the defendant enter a plea? e. Consider whether the court will impose an extended sentence * could be where the defendant is classified as a dangerous offender f. Totality principle * where an offender is being sentenced for a number of offences, ensure that the overall sentence is proportionate g. Compensation and ancilliary orders * court can order that the defendant pays compensation or other ancilliary orders h. Giving reasons * court is obliged to give reasons for the sentence it intends to impose

Answer 70

Where a defendant is charged with more than one offence, the court may order that the sentences run concurrently or consecutively. Concurrent sentence * Sentences are served at the same time Consecutive sentence * one term starts when the other ends

Answer 71

Concurrent sentences * if the offences arise out of the same matter and are connected, or if the totality principle applies Consecutive sentences * offences arise out of unrealted facts or incidents * offences committed in the same instant are distinct, involve an aggravating element that requires separate recognition * Offences are of the same kind but overal criminality will not be sufficiently reflected by concurrent sentence

Answer 72

Court will use a pre-sentence report to help them make a decision on sentencing (not binding in any way but useful tool) Legal rep will only ask Probation service to prepare a report if the defenant will: * plead guilty to all offences on full prosecution facts * agree to co-operate with the Probation Service in preparing the report Legal rep must also be satisfied that: * defendant is likely to be sentenced in magistrates' court * offence is serious enough for a community order and report is likely to be necessary * Defendant understands the implications of a pre-sentence report (ie that its not binding)

Answer 73

A plea in mitigation is the penultimate stage in sentencing process (done just before sentence is handed down) The purpose is to persuade the court to impose upon the defendant the most lenient sentence which the court could reasonably be expected to give.

Answer 74

a. The likely sentence * based on harm, culpability, and agg + mit factors b. The offence * address the circumstances of the offence while minimising agg factors and stressing importance of mit factors c. The offender * Emphasise any personal mitigation which the defendant may have * age, health, cooperation with police or early plea, remorse, character, family circumstances etc d. The suggested sentence * should conclude with the suggested sentence * Must be a realistic option * If suggested sentence is the same as pre-sentence report, should emphasise this

Answer 75

1. Custodial sentence 2. Suspended sentence 3. Community Sentence/order 4. Fine 5. Discharge (conditional or absolute)

Answer 76

Only if the custody threshold has been passed * offence is so serious that neither a community order nor a fine can be justified * If threshold passed, court then decides length of sentence * Offender will typically spend 40% of sentence in custody and 60% of time on licence in the community

Answer 77

Offender is not placed in custody but will be liable to serve sentence in custody should they break any conditions of the suspension or commit further offences while on suspended sentence * Max time a sentence can be suspended is 2 years * Court may impose additional conditions

Answer 78

Essentially court mandated work within the community * Court has a menu of options from which to choose

Answer 79

* Unpaid work requirement * Activity requirement * Programme requirement * Prohibited activity requirement * Curfew requirement * Exclusion requirement * Residence requirement * Mental health treatment requirement * Drug rehabilitation requirement * Alcohol rehabilitation requirement * Supervision requirement * Attendance centre requirement * Foreign travel prohibition requirement

Answer 80

A defendant can appeal to the Crown Court against the conviction or sentence * however, if the defendant plead guilty to the offence, they can only appeal sentence * Prosecution have no right to appeal from the magistrates' court (can appeal to high court by way of case stated - as can the defence) A defendant must lodge notice of appeal within 15 working days from conviction or sentence

Answer 81

On the basis that the magistrates made errors of fact and/or law * Defendant convicted following a trial in the magistrates’ court may appeal against conviction to the Crown Court on the basis that the magistrates made errors of fact and/ or law * Full re-hearing of the case follows, new witnesses and/or evidence may be adduced

Answer 82

A defendant can appeal against their sentence if sentence imposed is excessive * should be a full re-hearing of case

Answer 83

They have the power to * confirm the sentence as is * Impose on the defendant any sentence which the magistrates' court had the power to impose * increase the sentence * reduce the sentence

Answer 84

**Grounds** * the decision which has been made by the magistrates is wrong in law * magistrates have acted outside their jurisdiction **Common arguments** * magistrates misread, misunderstood or misapplied the law * magistrates decided to hear a case when they did not have the jurisdiction to hear it * magistrates made errors in deciding the admissibility or otherwise of evidence * magistrates erred in their decision following a submission of no case to answer **Procedure** * Party wishing to appeal by way of case stated must apply to the magistrates’ court within 21 days of the relevant decision being made by the magistrates’ court * Not a full rehearing - just concerned with the agreed facts and the statement of case created for the high court proceedings

Answer 85

Defendant may appeal against their conviction if either the Court of Appeal grants leave to appeal, or the trial judge grants a certificate that the case is fit for appeal If the Court of Appeal considers a conviction to be ‘unsafe’, it must allow the appeal **'Unsafe'** A conviction may be deemed unsafe if: * evidence was wrongly admitted or excluded * trial judge demonstrated bias * discretion was wrongly exercised * there were problems when the judge summed up the law * trial judge failed to properly administer the correct warnings to the jury **Procedure** Applicant must file notice of appeal with the Registrar of Criminal Appeals within 28 of conviction (not sentence)

Answer 86

The Court of Appeal can: * quash the conviction and acquit the defendant * quash the conviction and order that a retrial take place * allow part of the appeal and dismiss other parts of the appeal (if the defendant was appealing against conviction for more than one offence) * find the defendant guilty of an alternative offence * dismiss the appeal

Answer 87

**Grounds for appeal** a. sentence passed by the trial judge is wrong in law * for example, the trial judge were to pass a sentence that they did not have the power to pass b. sentence passed by the trial judge is wrong in principle * the trial judge passes a custodial sentence when the offence was not serious enough c. judge adopted the wrong approach when sentencing d. the sentence is manifestly excessive **Procedure** Notice of appeal must be filed within 28 days from sentence being passed and leave of court must be granted

Answer 88

The Court of Appeal may: * confirm the sentence passed by the Crown Court * Quash the setnence and replace it with an alternative order as appropriate * It CANNOT increase the sentence * Court can make a 'loss of time' direction if an appeal is made that is deemed to be without merit

Answer 89

If the offender is under the age of 16, a parent or guardian must be present during each step of the proceedings unless court is satisfied it would be unreasonable * if the offender is aged 16 or 17, the court has a discretion as to whether the parent/guardian is present * parents and guardians can take an active role (court will want their opinions)

Answer 90

Youth Court hears cases involving persons aged 10-17 * Children = 10 to 13 inclusive * Young people = 14 to 17 inclusive

Answer 91

A juvenile who has been sentenced on three separate occasions for one or more recordable offences (a recordable offence is any offence for which a juvenile may receive a custodial sentence)

Answer 92

Usually, most cases involving juveniles are held in youth court. However, there are certain offences which must or may be sent to either magistrates or Crown Court **Cases that must be sent to Crown Court** * Homicide offences (murder or manslaughter) * Firearms offences (if offender is 16 or older at time of offence) **Cases that may be sent to Crown Court** * Grave crimes (if a hypothetical offender aged 21 or over would be likely to receive a custodial sentence of 14 years or more) * Specified offences (charged with an offence of violence or a sexual offence, but only if they are regarded as a dangerous offender) * If jointly charged with adult offender whose case is heard in Crown Court (only if interest of justice satisfied) **Cases that must be sent to magistrates court** * Jointly charged with an adult offender whose case is heard in magistrates court (can be sentence in mags court or remitted back to youth court for sentencing)

Answer 93

The youth court has the power to remand a juvenile * on bail (with or without conditions) * into local authority accommodation * into custody (must be 17 or older)

Answer 94

10 - 11 year olds can only be remanded on bail or to a local authority accommodation (not a youth detention accommodation)

Answer 95

There is a presumption that children between 12-17 will be remanded into local authority rather than youth detention accommodation. There are 4 conditions that, if satisfied, allow a juvenile to be remanded into youth detention accommodation * must be aged 12-17 * must usually have legal representation * offence must be either violent or sexual and with a likely sentence (for an adult) of 14 years of more in custody, and very likely for juvenile to receive a custodial sentence or have history of absconding etc * it is necessary to protect the public from death or serious personal injury which cannot be managed by the community itself

Answer 96

As with adult offenders, sentencing guidelines help the court and must be considered when determining the appropriate sentence The guidelines are similar to those applied for adults but they take a more sympathetic approach * the aim is rehabilitation and therefore there is a focus on the individual offender as opposed to the offence itself

Answer 97

* Referral order * Youth Rehabilitation Order (YRO) * Detention and training orders

Answer 98

Must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence) and who has never previously been convicted or bound over by a court * unless the court is proposing either to impose a custodial sentence or to make an absolute discharge Offender then sent before the youth offender panel (YOP) who, with the co-operation of the offender, agree on a contract. This contract sets out the terms of the programme of behaviour designed to prevent the juvenile from re-offending (Lasts between 3-12 months)

Answer 99

This is a type of sentence for juveniles that shares many similarities with community orders for adults * include one or more requirements to achieve punishment for the offence, protection of the public, reduction in re-offending and reparation (for up to three years)

Answer 100

The only type of custodial sentence that the youth court has the power to impose * should only impose this sentence if the offence is so serious that neither a fine nor a youth rehabilitation order is appropriate * Cannot be imposed on juveniles aged 10-11 * can only be made for juveniles aged 12-14 if they are deemed a persistent young offender (3 or more charges for offences that entail possible custody) * if ordered, must run for at least 4 month, but cant exceed 2 years * can only be imposed if YOT give pre-sentence report that specifically states custodial sentence as a possibility

Answer 101

Yes, a youth court is a type of magistrates court. Therefore juveniles have the same rights to appeal as adult defendants convicted or sentenced in an adult magistrates' court.