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SQE 1 Flashcards > Criminal Procedure (Youths) > Flashcards

Criminal Procedure (Youths) Flashcards

1
Q

Who is considered an adult in legal terminology?

A

Anyone over 18

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2
Q

Who is considered a juvenile?

A

Anyone under 18

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3
Q

What age group is considered a young person?

A

Between 14 and 17 (inclusive)

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4
Q

Who is considered a child?

A

A person under the age of 14

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5
Q

What defines a Persistent Young Offender (PYO)?

A

A young person convicted of, or made subject to a pre-court disposal involving admission or finding of guilt for an imprisonable offence on at least 3 occasions in the past 12 months.

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6
Q

What age group is referred to as a youth?

A

17 and under

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7
Q

What is an Out of Court Disposal?

A

A method for dealing with youths outside of court, including taking no further action, community resolution, youth caution, and youth conditional caution.

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8
Q

What is the impact of age for children under 10 years old?

A

Children under 10 cannot be convicted of an offence and are presumed not criminally responsible.

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9
Q

What happens if a 17-year-old is arrested but turns 18 before the first court appearance?

A

The Youth Court loses jurisdiction, and the case is heard in adult court based on the age at the first hearing.

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10
Q

What happens if there is uncertainty about an offender’s age?

A

The court determines whether the offender is treated as a child or adult. Misleading age information does not invalidate orders or judgments.

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11
Q

Who sits in the Youth Court?

A

District Judge (alone) or up to three Magistrates with specialist youth training.

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12
Q

Are there reporting restrictions in Youth Court?

A

Yes, they apply automatically, but can be lifted in rare cases.

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13
Q

Who can be present in the Youth Court?

A

Only court members, legal representatives, parents or guardians, the accused, witnesses, bona fide news representatives, and authorized individuals can attend.

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14
Q

Must a youth have a parent or guardian present in court?

A

Yes, if under 16, a parent or guardian must be present.

Between 16 and 17, it is at the court’s discretion.

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15
Q

Does PACE apply to juveniles?

A

Yes, juveniles have the same protections under PACE as adults but with additional safeguards.

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16
Q

Who should be informed when a juvenile is arrested?

A

The person responsible for the juvenile’s welfare must be informed, and an appropriate adult must be contacted and informed.

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17
Q

Who can act as an appropriate adult?

A
  • A parent or guardian
  • Someone with parental responsibility
  • Social worker
  • Any responsible adult (excluding police officers).
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18
Q

Who should not act as an appropriate adult?

A
  • Someone suspected of involvement
  • Victim
  • witness
  • Policer officers
  • Someone who has received admission of guilt
  • Solicitor or Custody Visitor present
  • An estranged parents if juvenile objects to it.
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19
Q

What is the role of the appropriate adult?

A
  • Observe whether the interview is conducted fairly
  • Facilitate communication with the juvenile
  • Encourage them to seek legal representation
  • Consult with the juvenile in private at any time
  • Consult the custody record
20
Q

What must a lawyer remember about Appropriate Adults?

A
  • There is no Legal Privilege subject to communication with an Appropriate Adult; and
  • There is no duty of confidentiality - the AA could disclose confidential information in anger and upset
21
Q

When must an appropriate adult be present?

A

When the juvenile is…
* being read their rights;
* being strip searched or intimate search;
* being interviewed;
* attending an identification procedure; or
* being charged.

22
Q

A juvenile must not be interviewed or asked to sign anything in the absence of an AA unless….?

A

Unless authorised by a superintendent or above who believe delay will have certain consequences, and the interview will not significantly harm the juvenile’s physical or mental state.

23
Q

What must happen if a juvenile is cautioned without an AA?

A

The caution must be repeated in the AAs presence

24
Q

Who can authorize an identification procedure for a juvenile?

A

For juveniles aged 14-17, consent from the juvenile and their parent/guardian is required.

Under 14, only the parent’s consent is needed.

25
Q

What are the options after a juvenile interview?

A
  • Out of court disposals, including no further action
  • Community resolution
  • Youth caution
  • Youth conditional caution.
26
Q

When will a youth caution be used?

A

When there is sufficient evidence, the youth admits the offence, and prosecution is not considered appropriate.

There is no statutory restriction on the number of youth cautions a youth can receive.

27
Q

What happens if a youth is charged?

A

The decision to charge follows a similar route as adults including CPS approval.

The decision must then be made whether bail should be refused. They should be released on bail unless one of the s.38 PACE grounds exist - these are identical to the Bail Act 1976 Exceptions aside from an additional ground - ‘detained in their own interest’

28
Q

What happens if a youth is detained for court?

A

They should be placed in local authority accommodation unless impractical or there are serious risks to public safety.

Where the youth is arrested due to alleged breaches of bail or remand conditions, the above does not apply and the youth can be detained in police custody.

29
Q

Where does the first hearing take place when a youth and adult are jointly charged?

A

The first hearing for a jointly charged youth and adult takes place in the Magistrates’ Court.

30
Q

When will the jointly charged case be sent to the Crown Court after the first hearing??

A

If the youth is charged with…
* Homicide
* Firearms with mandatory 3 year minimum sentence
* Notice in serious fraud case
* Meets Dangerous Criteria (2 Year Test)
…. Always sent to Crown Court

31
Q

What is a Grave Crime?

A

Crime listed in s.249 S 2020:

  • An offence punishable in the case of a person aged 21 or over with imprisonment for 14 years or more;
  • Sexual offences
  • Firearms offences to which minimum sentence applies and committed when offender was aged 16
32
Q

What is the Interest of Justice test?

A

Whether youth and adult should be tried jointly depends on…

  • Separate trials will cause injustice to witnesses
  • The age of the young person
  • The age gap between adult and young person
  • The maturity of the young person
  • The relative culpability of the young person
  • The lack of previous findings of guilt of young person
33
Q

How is the procedure handled for joint either-way non-grave offences with a youth?

A
  1. If either adult or youth pleads guilty, each dealt with separately (Youth = Youth Court)
  2. If the Magistrates accepts jurisdiction and the youth pleads not guilty = Both Tried in Magistrates
  3. If the youth pleads not guilty, the court applies the ‘Interest of Justice’ test’
  • If IOJ met > Youth sent to Crown Court with Adult
  • If IOJ not met > Youth tried in Youth Court
34
Q

How is the procedure for either-way grave crimes with a youth ?

A
  1. If the youth pleads not guilty > the question is whether a sentence in excess of 2 years is available. If yes > Youth sent to Crown Court for trial.
  2. If the youth does not pass the ‘2 Year Test’ , the adult pleads guilty and is sent to the Crown Court > apply the IOJ test

If IOJ met > Youth sent to Crown Court with Adult
If IOJ not met > Youth tried in Youth Court

3 . If the adult pleads guilty and remains in the Magistrates > The Youth remains in the Magistrates for trial with the adult

4 . If youth pleads guilty (alone), ask the ‘two year’ question. If yes, youth committed to Crown Court.
If no, youth remitted to Youth court

35
Q

What is the procedure for youth jointly charged with indictable-only offences?

A
  • Adult will be sent to Crown Court
  1. If youth charged with grave crime and pleads not guilty… If the ‘two year’ test is met, send to Crown Court for trial with adult
  2. If the ‘two year test’ is not met, apply IOJ testIf IOJ met > Youth sent to Crown Court with Adult
    If IOJ not met > Youth tried in Youth Court
  3. If youth charged with non-grave crime, pleads not guilty. Apply IOJ test
  4. If youth pleads guilty, sentence or remit to Youth Court unless it is (a) a serious offences like homicide that must go to Crown Court; or (b) the ‘two-year test’ is satisfied.
36
Q

What if the adult is to be tried summarily?

A

If the adult is to be tried in the Magistrates Court (summarily), or the joint charge is a summary only offence, the jointly charged adult and youth must be tried in the Magistrates Court.

If convicted, the magistrates normally remit the case to youth court for sentencing

Note, no interest of Justice questions etc - it’s automatically in the Magistrates.

This is an exception - if it is a summary only offence, and it is joint with an adult, go to the Magistrates!!!!!!!!

37
Q

What is a Parenting Order?

A

A court order aimed at preventing further offences, applied when a child under 16 is convicted, with a fine for breach.

38
Q

What is the relevant age for sentencing?

A

The relevant age for sentencing is the age of the offender at the date of conviction.

39
Q

When can a Youth Court commit a youth to Crown Court for sentencing?

A

If the youth is convicted of a grave crime or is a dangerous young offender.

40
Q

What is a Youth Rehabilitation Order?

A

A community sentence with various requirements such as supervision, curfew, or education. Some conditions are only applicable to 16-17-year-olds.

Examples include…

  • activity requirement;
  • supervision requirement;
  • programme requirement;
  • attendance centre requirement;
  • prohibited activity requirement;
  • curfew requirement;
  • exclusion requirement;
  • electronic monitoring requirement;
  • local authority residence requirement;
  • mental health treatment requirement;
  • drug treatment requirement;
  • intoxicating substance requirement;
  • education requirement; and
  • Restrictions on certain requirements
41
Q

What is a Referral Order?

A

A sentencing option where the youth attends a youth offender panel. The term ranges from 3 months to 12 months.

42
Q

What is a Detention and Training Order (DTO)?

A

The only custodial sentence available in a Youth Court, used for serious offences where no other sentence is sufficient.

43
Q

When can a DTO not apply?

A
  • The youth is aged 10-11
  • The youth is aged 12-14 and not a persistent offender
44
Q

What are the time limits for DTOs?

A
  • The minimum term is 4 months
  • The maximum term is 24 months
  • Consecutive DTOs can be imposed up to an aggregate of 24 month total
45
Q

When may a child or young person be sentenced by the Crown Court to a long-term detention?

A

If found guilty of a grave crime and neither a community order nor DTO is suitable.

In addition to this, the Crown Court has the following powers:

  • Dangerous Offenders - sentence for extended detention or for life
  • Detention at His Majesty’s Pleasure - Mandatory sentence for any child found guilty of murder. Starting point is 12 years minimum term.
  • Detention in Young Offenders Institution - Sentenced as adults, but used for those between 18 and 21
46
Q

If a young person is found guilty before the Crown Court of an offence other than homicide, who passes sentence?

A

The court must consider remitting to the Youth Court unless it would be undesirable to do so.

A magistrates court can sentence to a referral order, fine or discharge. For any othe rsentence, it must remit to Youth Court.

47
Q

Can an AA act if they have received admissions of guilt prior to attending to act as the Appropriate Adult?

A

No, a person should not act as an AA if they have received admissions prior to attending to act as the AA.

SQE 1 Flashcards (58 decks)

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