Criminal Practice 7: Youth Court

Question 1

What court does a case go to if defendant turns 18 during the course of proceedings?

Answer 1

Youth Court can elect to retain case for trial or remit the case to Magistrates Court.

Either way the court will have full range of sentencing options available in adult court upon conviction.

Question 2

Can youths ever be sentenced outside of youth court?

Answer 2

For following offences MUST be sent to Crown Court
- murder, attempted murder or man slaughter
- Certain firearms offences; and
- specified violent, sexual or terrorism offences where they are considered dangerous

Cases that MAY be sent to crown court
- for grave crime (punishable in adult court with 14 years+ imprisonment)

To DeclineYouth Court to believe there is a real prospect of cusdodial sentence of substantially more than 2 years

Question 3

When should Youth Court send grave crime to Crown Court? What is considered what must be concluded?

Answer 3

Should send to crown court if:
- they feel their max sentence is insufficient; and
- that a sentence of long term detention would be more appropriate

Should conclude
- that there is a real prospect of custodial sentence of substantially more than 2 years to decline jurisdiction

Question 4

How should a youth be tried if they are jointly charged with an adult?

Answer 4

If adult is sent to crown court
- youth also sent to crown court

If adult sent to magistrates court
- youth tried alongside adult in Magistrates Court

Question 5

What are the primary focus of courts when sentencing youths?

Answer 5

Focus on the offender not offence with emphasis on avoiding criminalising youth and having them take responsibility for actions.

Question 6

What are referral orders for youth?

Answer 6

Referred to Youth Offending Panel who agree a contract 3-12 months in length with youth and their family aiming to address youth’s offending, address their issues and make restitution to victim

If youth commits further offences whilst subject to referral order or breaches its terms court has discretion to whether to: - permit order to continue; or
- revoke and resentence

Question 7

When are referral orders used for sentencing youths?

Answer 7

Must be used
- D pleads guilty to imprisonable offence; and
- has not been previously convicted of imprisonable offence
(Exception - if court intends to discharge or imprison)

May be used
- D pleads guilty to some but not all offences; or
- if D has previously received a referral order

Cannot be used
- D pleads not guilty to all offences but is convicted after trial

Question 8

What is a Youth Rehabilitation Order

Answer 8

• max of 3 years and
• can include conditions (eg, supervision appointment, unpaid work (240 hours over max of 12 months), activities (eg restitution to victim), programs, curfew, residence requirements etc.

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Question 9

What are detention and training orders for sentencing youth? When is it available?

Answer 9

Custodial sentence available to Youth Court (max of 2 years, half of which out of prison and under supervision of youth offending team)

• 10-11 year olds: not available
• 12-14 year olds: available for persistent young offenders (3 offences punishable by imprisonment)
• 15-17 year olds: available if court believes case is so serious only this is justified

Question 10

Who decides on condition of supervision period of youth detention and training orders? What if this is breached?

Answer 10

Youth Offending Team decides on conditions and supervises

If breached court can order youth to serve a further period in custody.