Criminal Procedure (Youths) Flashcards
Who is considered an adult in legal terminology?
Anyone over 18
Who is considered a juvenile?
Anyone under 18
What age group is considered a young person?
Between 14 and 17 (inclusive)
Who is considered a child?
A person under the age of 14
What defines a Persistent Young Offender (PYO)?
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.
What age group is referred to as a youth?
17 and under
What is an Out of Court Disposal?
A method for dealing with youths outside of court, including taking no further action, community resolution, youth caution, and youth conditional caution.
What is the impact of age for children under 10 years old?
Children under 10 cannot be convicted of an offence and are presumed not criminally responsible.
What happens if a 17-year-old is arrested but turns 18 before the first court appearance?
The Youth Court loses jurisdiction, and the case is heard in adult court based on the age at the first hearing.
What happens if there is uncertainty about an offender’s age?
The court determines whether the offender is treated as a child or adult. Misleading age information does not invalidate orders or judgments.
Who sits in the Youth Court?
District Judge (alone) or up to three Magistrates with specialist youth training.
Are there reporting restrictions in Youth Court?
Yes, they apply automatically, but can be lifted in rare cases.
Who can be present in the Youth Court?
Only court members, legal representatives, parents or guardians, the accused, witnesses, bona fide news representatives, and authorized individuals can attend.
Must a youth have a parent or guardian present in court?
Yes, if under 16, a parent or guardian must be present.
Between 16 and 17, it is at the court’s discretion.
Does PACE apply to juveniles?
Yes, juveniles have the same protections under PACE as adults but with additional safeguards.
Who should be informed when a juvenile is arrested?
The person responsible for the juvenile’s welfare must be informed, and an appropriate adult must be contacted and informed.
Who can act as an appropriate adult?
- A parent or guardian
- Someone with parental responsibility
- Social worker
- Any responsible adult (excluding police officers).
Who should not act as an appropriate adult?
- 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.
What is the role of the appropriate adult?
- 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
What must a lawyer remember about Appropriate Adults?
- 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
When must an appropriate adult be present?
When the juvenile is…
* being read their rights;
* being strip searched or intimate search;
* being interviewed;
* attending an identification procedure; or
* being charged.
A juvenile must not be interviewed or asked to sign anything in the absence of an AA unless….?
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.
What must happen if a juvenile is cautioned without an AA?
The caution must be repeated in the AAs presence
Who can authorize an identification procedure for a juvenile?
For juveniles aged 14-17, consent from the juvenile and their parent/guardian is required.
Under 14, only the parent’s consent is needed.
