Criminal Litigation - Youth Court (15) Flashcards
What is the youth court?
Youth Court: Youth Court is a specialist branch of the Magistrates’ Court. It deals with offenders aged 10-17.
(1) Youth Justice System: Governed by the Youth Justice System.
- Primary Aim: To prevent offending (s37 CDA).
- Secondary Aim: To protect the child’s welfare.
(2) Legal Aid: Representation orders apply as normal (but the means test is automatically met).
Who are the parties who will be involved in the youth court?
Parties to Youth Court: Alongside the juvenile defendant, a number of parties are involved at Youth Court.
(1) Youth Offending Team: The ‘YOT’ is a division of the Probation Service. A member attends each hearing, and assists in: a) investigating facts and prior convictions; b) supporting bail; c) preparing pre-sentence reports; and d) administering non-custodial sentences.
(2) Parents/Guardians: Parents and guardians actively participate at trial.
- 10-15s: Parents must attend the trial, unless unreasonable in the court’s view.
- 16-17s: Parents will attend the trial, if ordered by the court.
(3) Solicitors: Solicitors play the same roles in the prosecution and defence as at adult court.
(4) Youth Justices: Hearings are typically sat by Youth Justices (trained magistrates) and, rarely, District Judges.
- Trial: Trials are sat by the DJ, or a bench of YJs (typically 3, sometimes 2).
(5) Press: The Press can attend trials unless prohibited by order.
- Reporting Restrictions: The Press cannot report any identifying details of a youth party or witness, unless permitted by court in the public interest. This means protection, not punishment (s49 CYPA).
- Restriction Lifting: Restrictions are lifted as soon as the youth reaches adulthood, unless a lifelong order is imposed (s78 CJCA).
What is the jurisdiction of the youth court?
Jurisdiction: The Youth Court has jurisdiction over 10-17 year olds.
(1) Under 10s: Under 10s are irrebuttably presumed incapable of being criminally liable.
(2) 10-13s: 10-13 year olds are referred to as ‘Children’.
(3) 14-17s: 14-17 year olds are referred to as ‘Young People’.
Who is classified as a persistent young offender?
Persistent Young Offenders: Juveniles may also qualify as ‘Persistent Young Offenders’.
(1) Grounds: The juvenile has been sentenced on 3 separate occasions for recordable offences, meaning an offence for which a juvenile can receive a custodial sentence.
(2) Effect: PYOs have their cases expedited to be dealt with at court as soon as possible.
How does the youth court compare to the magistrates court?
Comparison with Magistrates’ Court: Youth Court differs from the Magistrates’ Court in several ways.
(1) Formality: Court is less formal. Parties sit level and face one another. Solicitors remain seated when addressing the court.
(2) Language: Language is less formal. Children are addressed by first name, and ‘found guilty’ rather than ‘convicted’.
(3) Directions: Directions are largely the same (PYOs may have revised directions).
(4) Unsworn Testimony: Under-14s give unsworn testimony. Other witnesses ‘promise’ rather than ‘swear’.
(5) Training: Youth Justices receive specialist training.
What happens if a defendant turns 18 after charge?
Turning Eighteen: If the Defendant turns eighteen after charge, they may be remitted to adult court.
(1) Pre-First Hearing: For birthdays before the first hearing, the youth will be dealt with at adult court, and all sentencing powers are permitted.
(2) Post-First Hearing: For birthdays after the first hearing, the youth may be dealt with at either court. If retained, all adult sentencing powers are permitted (but age is treated as a mitigating factor).
What happens if a youth is being jointly charged with an adult?
Joint Offence With Adult: Youths jointly charged with an adult offender may be tried at an adult court.
(1) Crown Court: Youths may be jointly tried with an adult in the Crown Court if it is in the interests of justice, meaning youth sentencing powers are insufficient. If they are sufficient, they are remitted to Youth Court.
(2) Magistrates’ Court: Youths will be jointly tried with an adult in the Magistrates’ Court, but sentencing is typically remitted to the Youth Court (other than for fines or discharges).
(3) Adult Pleads Guilty: If the adult pleads guilty and the youth not guilty, the youth is tried in the Youth Court (unless the offence is allocated to the Crown Court on its own).
Which offences committed by a youth may or must be remitted to the crown court?
Crown Court Allocation: Certain offences mean youths either may or must be remitted to the Crown Court.
(1) Homicide: Homicide offences must be remitted.
(2) Firearms: Firearms offences committed by 16-17 year olds must be remitted.
(3) Grave Offences: Offences for which an adult could receive at least a 14 year custodial sentence may be remitted.
>Remitted if Youth Court deems its 24 month sentencing powers insufficient, and there is a real prospect of a custodial sentence exceeding 24 months in the Crown Court.
>I.e. dwelling burglary; simple/aggravated arson; aggravated criminal damage; aggravated burglary; robbery; s18 GBH; murder; manslaughter; attempts therein.
(4) Specified Offences: Violence and sexual offences may be remitted, if the youth is a Dangerous Offender.
>Usually means the offence satisfies life imprisonment or a mandatory extended sentence.
What is the plea before venue procedure where the court has the discretion to remit a youth to an adult court?
Plea Before Venue and Allocation: Where the court has discretion to remit, it will host a plea before venue and allocation.
(1) Guilty Plea: Following a guilty plea, Youth Court can sentence or remit for sentencing.
(2) Not Guilty: Following a not guilty plea, an allocation procedure will occur, including submissions to suitability. The decision of the court is final, as youths have no right of election.
What options does the youth court have in terms of remand?
Remand: The Youth Court has several options when remanding a youth during adjournment of trial (BA 1976).
(1) Bail: Bail (with or without conditions). (2) Local Authority Accommodation: Remand in a local authority accommodation. (3) Youth Detention: Remand in youth detention. (4) Custody: 17 year olds may be remanded in custody.
What is the procedure for deciding which remand is appropriate when a case is adjourned before trial?
Procedure: The court will request a Youth Offending Team report detailing antecedents, bail history, home and school situation, and age.
(1) 10-11s: 10-11s can only be remanded on bail, or in local authority accommodation.
(2) 12-17s: 12-17s can be remanded on bail, in local authority accommodation, or in youth detention.
How does bail work in the youth court?
Bail: Bail takes a similar form to the adult court, and is generally presumed unless objected to.
When will a young defendant be remanded to local authority accomodation?
Local Authority Accommodation: Youths are remanded in accommodation provided by a local authority, or under house arrest with local authority supervision. This is presumed where bail is refused.
When will a young defendant be remanded to youth detention accomodation?
Youth Detention Accommodation: Youths may be remanded in a detention facility if four conditions are met (s158 PCSCA).
(1) Age: The youth must be aged 12-17.
(2) Representation: The youth must be legally represented.
(3) Specified Condition: The youth must meet one of four specified conditions.
- Specified Offence: Youth committed a violent or sexual offence for which an adult could receive at least 14 years, and for which the youth is likely to be imprisoned for.
- History of Abscondment: Youth has a recent and significant history of absconding bail.
- History of Offences on Remand: Youth has a recent and significant history of committing imprisonable offences on remand.
- History of Interference on Remand: Youth has a recent and significant history of interfering with witnesses on remand.
(4) Protection or Prevention: Detention must be necessary to protect the public from death or serious injury, or to prevent further imprisonable defences being committed.
>Risk must be so high that it could not be satisfactorily managed in the community.
What does a court need to consider when sentencing a youth?
Sentencing: Youth Court must balance the seriousness of the offence with the principles of prevention and welfare when passing sentence.
