Criminal Litigation - Young Offenders Flashcards
What are the age thresholds for a juvenile, child and youth offender respectively?
Juvenile - 18 years
Child - 14 years
Youth offender - 14-17 years
Name: (1) the principal statutory aim and (2) mandatory statutory consideration of the youth justice system
Principal Statutory Aim - Prevent reoffending and offending by youths
Statutory Consideration - Welfare principle (including to remove youths from undesirable surroundings and securing proper provision for his education and training)
Who bears parental responsibility generally?
Married parents have equal responsibility, but for unmarried parents responsibility automatically vests in the mother (although father can acquire too)
How should a custody officer determine if a suspect is to be treated as a juvenile?
If they appear under 18 and there is no clear evidence to the contrary (including if suspect fails to give age or CO believes age given is incorrect)
What is the main implication for the CO if he identifies a juvenile suspect?
- D is a vulnerable suspect
- CO must ASAP identify the person with parental responsibility, inform them of the arrest and ask them to attend immediately
- D should not be placed in a police cell if other secure accommodation is available (and in any event, should not be placed in a cell with an adult)
What is the “backstop” appropriate adult for a juvenile suspect?
A community volunteer aged 18 or over who is not employed by the police
How does a youth offender’s age affect the decision to prosecute (2 points)?
- Significant weight must be attached to D’s age
- Best interests and welfare must be considered - especially if prosecution could have disproportionately serious impact on future prospects
What happens if a juvenile suspect is refused police bail?
Moved immediately to local authority accommodation
How is a young person’s legal representation funded?
- At police station - free Police Station Advice and Assistance scheme
- Post-charge - apply for representation order (automatically passported)
A young person is charged with manslaughter. Where will his first court appearance will be (4 pts)?
In virtually all offences, first appearance will be in the YOUTH COURT UNLESS:
- Jointly charged with an adult
- Charged with aiding and abetting an adult to commit an offence OR
- Charged with an offence connected with the adult’s charge
There is a strong presumption that young offenders will be charged in the youth court if charged alone or with other youths. Name 5 exceptions.
- Homicide
- Firearms offence
- Charged with a SPECIFIED offence and it appears to court that if found guilty he will be sentenced as a DANGEROUS OFFENDER
- Charged with a GRAVE CRIME and the youth court considers the CC should pass a LENGTHY CUSTODIAL SENTENCE
- JOINTLY CHARGED WITH ADULT on an INDICTABLE OFFENCE and in INTERESTS OF JUSTICE to try Ds together
What happens if D commits the offence before he turns 18, but turns 18 before the youth court proceedings commence?
Youth court will remit the case to the MC or CC: youth court has no jurisdiction if D turns 18 prior to commencement of proceedings
When do proceedings “commence” for purposes of determining D’s age?
D’s first court appearance where his plea is taken
What happens if D turns 18 AFTER commencement of proceedings (3 possibilities)?
- Youth court continues to deal with the case
- Youth court may remit D for trial in MC
- Youth court may remit D for trial in MC, but D may then elect for CC trial if offence is either-way
- Youth court may remit D for trial in MC, but MC wil send to CC if offence is indictable-only
What happens if D turns 18 AFTER conviction but BEFORE sentence
Youth court may remit him to the MC, but MC must pass a youth sentence.
MC must deal with D as if it had convicted D of the offence
2 procedural differences between youth court trials and adult trials?
- Not open to the public
- Magistrates (max 3) encouraged to sit on the same level
5 considerations when sentencing a youth offender?
- Principal aim (prevent offending and reoffending)
- Welfare principle
- Purposes of sentencing
- UK’s international treaty obligations
- Allowances for age (e.g. impulsiveness, impressionability)
What are the two specific reasons for which a youth sentence may be deferred?
- Imminent and significant change in D’s lifestyle OR
- Allow D to save up to pay V compensation
Broadly speaking, what are the six youth sentences available?
- Referral order
- Fine
- Discharge (absolute or conditional)
- Reparation order
- Youth Rehabilitation Order
- Detention and Training Order
Briefly explain what a referral order entails. Usual length?
Refer D to a YOUTH OFFENDER PANEL which will meet with the young person and his guardian to agree a “CONTRACT” programme of interventions
Usual length is 3-12 months
When will a mandatory and discretionary referral order respectively be imposed?
- Mandatory order - MUST be imposed on: (i) FIRST-TIME offender (ii) who PLEADS GUILTY (iii) to an offence UNSUITABLE FOR CUSTODIAL SENTENCE or other prescrived disposal
- Discretionary order - MAY be imposed if D is sentenced for pleading guilty to one or more offences
What does a conditional discharge entail?
D must not commit further offences during the operational period, which can be up to max of 3 years. If D reoffends, punished for both offences
What is a reparation order and when can it be imposed?
D required to undertake unpaid work for their victims or wider community.
Can only be imposed for an IMPRISONABLE offence.
What is a “community sentence” in the youth context?
Refers to a sentencing that includes a Youth Rehabilitation Order.
3 requirements for a YRO to be imposed?
- Must include at least one requirement designed to address the sentencing purposes (punishment, protect public, reduce reoffending, provide reparation)
- Seriousness threshold must be met
- There is no existing YRO or reparation order currently in force
NB: no need for offence to be imprisonable
What is the “scaled approach” in youth sentencing?
Sentencing interventions must be tailored to the INDIVIDUAL DEFENDANT and based on an ASSESSMENT OF THEIR INDIVIDUAL RISKS AND NEEDS
What is the maximum length for a YRO?
3 years, but can be extended: (i) up to six months to allow D to complete all requirements or (iii) further after all requirements completed
4 requirements for D to receive a DTO?
- Custody threshold - neither a fine alone nor a community sentence can be justified
- Court must justify why a YRO with ISS or fostering requirement cannot be justified instead
- Cannot be passed on an offender under 12
- Cannot be passed on an offender under 15 unless court’s opinion is that they are a persistent offender
What are the seven permissible lengths of a DTO?
4, 6, 8, 10, 12, 18, 24
Where will D serve a DTO?
The first half in a young offender institution, secure training center or secure college
The second half under supervision in the community
Why may the youth court end up sentencing a young person even if he is convicted on indictment by the CC? Is this common?
CC is required to remit the youth offender to the youth court for sentencing unless this is UNDESIRABLE (causes delay or unnecessary expense / duplication)
Not common - usually CC will sentence D since already familiar with facts of the case
