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SQE 1 - Criminal Practice Bella > Criminal WS7 - Youth Court > Flashcards

Criminal WS7 - Youth Court Flashcards

1
Q

What is the aim of the youth justice system?

A

Prevent offending by children and young persons
* Solicitors and those involved in youth justice system must have regard to this aim
* Youth court must also have regard to the welfare of the juvenile

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2
Q

What is the role of the Youth Offending Team?

A
  • Responsible for coordinating the provision of youth justice services in their particular local area
  • Member of YOT will attend each sitting of youth court (they have usually received training)

Assist with the following matters
* Investigating and confirming the personal circumstances and previous convictions of juveniles
* Providing support for juveniles who are granted bail
* Prepare pre-sentence reports
* Administering any non-custodial sentence imposed by the youth court

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3
Q

What is the role of parents / guardians?

A
  • Juvenile appearing before court (who is under the age of 16)** must be accompanied** by their parents or guardian during each stage of proceedings (unless court is satisfied that it would be unreasonable to require such attendance)
  • They will play an active roll in the proceedings and court will want to hear their views (and may direct questions to them)

Juveniles ages 16 or 17
* Court has discretion as to whether to make an order requiring the attendance of juveniles parents or guardian

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4
Q

Who is allowed to attend a hearing in the youth court?

A
  1. District judge / youth justices
  2. Court staff (court clerk and usher)
  3. Juvenile and his parents or guardian
  4. CPS representative
  5. Juvenile’s solicitor
  6. Representative from YOT
  7. Member of the process
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5
Q

What are the restrictions of the press in what they are allowed to report about a hearing before the youth court?

A

Cannot report
* Name, address, school
* Any details which are likely to lead to the identification of the juvenile or any other child or young person (witness)

These automatically end when they reach 18.

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6
Q

What is the importance of the life long reporting restrictions under s78 of the Criminal Justice and Courts Act?

When can these restrictions be lifted (s49 of Children and Young Persons Act)?

A

S78
* Lifelong reporting restriction in respect of a victim or witness who is under the age of 18 during the proceedings

S49
* Court can lift these restrictions to avoid injustice or following conviction, court is satisfied that it is in the public interest to reveal juvenile’s identity
* Only should name and shame if brings real benefit to the community - e.g. making public aware of the identity of a profilic offender

Should not be used
* As an extra punishment imposed on the juvenile

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7
Q

Does the solicitor’s role change when representing a juvenile in the youth court?

A

No.

  • Same role as they would representing an adult in the magistrates court
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8
Q

How is a representation order obtained in youth court?

A

Representation orders applied in same manner as in adult court and will be determined by Legal Aid agency applying same means test and interests of justice test.
* All juveniles under the age of 18 = automatically eligible

Additionally, Legal Aid agency must take into account
* Age of juvenile when deciding whether a representation order should be granted

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9
Q

What court is the youth court part of?

A

The magistrates court.
* Deals with defendants aged between 10 and 17.
* Children aged 10 and over are subject to criminal law in the same way as adults

Hearing
* Take place before either a district judge or bench of youth justices

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10
Q

What is the conclusive presumption regarding children under the age of 10?

A

Children under the age of 10 cannot be guilty of committing a criminal offence

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11
Q

What is the difference between children and young people?

A

Children = juveniles aged between 10 and 13.

Young people = juveniles aged between 14 and 17 inclusive.

Youth court - refers to them as youths or juveniles collectively.

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12
Q

What is the meaning of juvenile at the police station?

A

Suspect who is or appears to be under 18 years of age

Contrast in Court
Juvenille = under age of 18

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13
Q

Who are persistent young offenders?

A

Juvenile who has been sentenced on 3 separate occaisons for one or more recordable offences.

Recordable offece = any offence for which a juvenile may receive a custodial sentence.

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14
Q

What are the Youth Court’s options if a juvenile turns 18 prior to the first appearance in the youth court?

A

If juvenile is charged with an offence when 17 and turns 18 prior to their first appearance in the youth court
* Youth Court does not have jurisdiction to deal with them and case must be dealt with adult magistrates court
* Will be subject to full range of sentencing powers of magistrates court

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15
Q

What are the Youth Courts options if the defendant makes his first appearance in the youth court before their 18th birthday, but becomes 18 whilst the case is ongoing?

A
  1. Youth court may either remit the case to the adult magistrates court
  2. Retain the case = but still have the full sentencing powers that the magistrates court would have had were it dealing with the juvenile.
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16
Q

How is the procedure in youth court different to the magistrates court?

A
  • Modified to take into account age
  • Less formal, sitting at same level rather than raised dock
  • Juvenile will sit on a chair in front of CPS and his own solicitor in full view of magistrates
  • Use of straightforward language, less legal jargon
  • Witnesses ‘promise’ rather than ‘swear’ to tell truth
  • Children under age of 14 give unsworn evidence
  • Encourages communication between magistrates, juvenile and his parent or guardian

Different terminiology
* ‘Finding of guilt’ = conviction
* ‘Order upon a finding of guilt’ = rather than give a sentence

Magistrates receive special training in youth justice matters before being allowed to sit in the
youth court.

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17
Q

Are the procedural or evidential issues before the youth court different to the magistrates court?

A

No.
Exception: PYO case - expedited trial takes place

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18
Q

When must a juvenile’s case be sent Crown Court for trial?

A
  1. Homicide offences = (murder or manslaughter) must be sent to CC
  2. Firearms offences = must be sent to CC if J has attained age 16 at time of alleged offence
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19
Q

When may a juvenile’s case be sent to an adult court (Magistrates or Crown)?

A
  1. Grave crimes = offender aged 21 years or over may receive a custodial sentence of 14 years or more (robbery, rape, assault by penetration, s18 GBH) and sexual assult. Youth may accept jurisdiction or send to CC for trial
  2. Specified offences = violence or a sexual offence their case may be sent to the Crown Court, but only where they can properly be regarded as a ‘dangerous offender’ and
    * it appears to the court that the criteria would be met for the imposition of automatic life imprisonment, discretionary life imprisonment or an extended sentence likely to have their case sent to Crown Court.
  3. Jointly charged with an adult
    * J may be sent to Crown Court but only where this would be regarded as necessary in the interests of justice.
    * If adult case is dealt with in magistrates court = the adult and J will be tried together in adults magistrates court.
    * If J is convicted - magistrates will normally remit their case to the youth court for sentence
    * Unless they propose to deal with it by way of fine or a discharge in which case they will sentence the juvenile themselves
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20
Q

For Grave Crimes, when should the Youth Court send the case to the Crown Court for trial?

A

Considers that its maximum sentencing powers (24 month detention and training order will be insufficient in the event that the juvenile is convicted and that a sentence of long-term detention would be more appropriate.

Example: Zaina (aged 16) is charged with robbery and appears before the youth court. She has a previous conviction for the same offence. Zaina intends to plead not guilty to the charge. When they hear the facts of the case, the magistrates consider that, were Zaina to be
convicted before them, their sentencing powers would be insufficient and that, were the case
before the Crown Court, there is a real possibility that the judge would impose a sentence of long- term detention. The magistrates will send Zaina to the Crown Court for trial.

21
Q

What 3 offences are sent ‘forthwith’ to the Crown Court, without an indication of plea being taken in the Youth Court?

A

1) Homicide offence
2) Firearm offence, carrying imprisonment min 3 years (D must be 16+)
3) Notice by the prosecution in complex fraud / cases involving children

22
Q

What offence ‘may’ be sent to the Crown Court without an indication of plea being taken in the Youth Court?

A

1) Dangerous offenders
* Court considers them to be ‘dangerous offender’ AND
* Custodial term of at least 4 years would be imposed for the offence

23
Q

When will a juvenile be asked to indicate their plea?

For may offences

A

1) Grave crimes
2) Specified offences
3) J is jointly charged with an adult

Guilty plea = youth court will either sentence juvenile or send to Crown Court for sentence (if they believe sentence powers would be inadequate

Non guilty plea = youth court will only decline jurisdiction and send to Crown Court for trial where they believe their sentencing powers would be inadequate

24
Q

Does a juvenile have a right of election?

A

No.

If the youth court accepts jurisdiction - trial must take place at the youth court.

25
Q

What is the maximum sentencing powers of the youth court?

A

Detention and training order up to 24 months.

26
Q

How does the court determine whether a youth defendant falls within the ‘dangerous offender’ category?

A
  • Must be satisfied that youth poses a significant risk to the public in committing further specified offences.
  • More than a ‘mere’ possibility

NOTE. Courts are wary to rely on this provision, as sometimes it is hard to determine whether this is the case at the first hearing. To be on safe side, prefer to retain jurisdiction and commit for sentencing if needed

27
Q

Where a defendant falls both under the ‘grave’ crime and ‘dangerous offender’ exceptions, which of the two should be considered first?

A

Dangerousness (based on CPS guidance)

28
Q

How can a juvenile be remanded?

A
  1. On bail (with or without conditions)
  2. Into local authority accomodation
  3. 17-year olds - custody
29
Q

How will the court decide whether to grant bail?

A
  1. Report of the YOT providing details of juvenile’s antedecedents
  2. Record in relation to previous grants of bail
  3. Report will inform the court about juvenile’s home situation, school, college or work attendance
30
Q

Where the court refuses bail, where can the juvenile be remanded to?

A

1) Local Authority Accomodation
* Remand to accomodation provided by or on behalf of a local authority
* 10 to 11 year olds must only be remanded on bail or local authority accomodation.
* J reaches age of 12 during a remand, possibly might be sent to youth detention accomodation at next court appearance if relevant conditions are met
* Presumption that children between 12-16 will be remanded into local authority accomodation rather than youth detention.

2) Youth detention accomodation

31
Q

What are the 4 conditions that have to be met to remand a youth to a youth detention accommodation?

Note. These have recently been updated by s 158 of the Police,
Crime, Sentencing and Courts Act 2022.

A

YC must consider best interests and welfare or the child
Conditions
1. J must be aged 12-17
2. J must usually have legal representation
3. Offence will need to be either violent or sexual offence or one which an adult could be punished with a imprisonment term of 14 years or more and very likely child will receive a custodial sentence.
‘recent and significant history’ of committing imprisonable offences whilst on bail or remand to local authority accomodation/youth detention

  1. Court must beleive a remand to youth detention accommodation is necessary either to protect the public from death or serious personal injury (including physical or psychological) occaisoned by further offences committed by the juvenile or to prevent further offence and that risk posed by child cannot be managed satisfactorily by the community
32
Q

What must a court consider when it sentences a juvenile?

A
  • Must balance the seriousness of the offence (and the juvenile’s previous record) with the welfare requirements of the juvenile.
  • The court must at all times have regard to the principle aim of preventing offending of children and young people
33
Q

What is the sentencing procedure?

A
  1. CPS representative will give facts of the case to the magistrates (assuming the juvenile has pleaded guilty rather than have been convicted following a trial)
  2. Juvenile’s solicitor will give a plea in mitigation
  3. Court will want to hear from juvenile’s parents or guardian before deciding the appropriate penalty
  4. Court will likely have a sentence in mind and will consider the pre-sentence report prepared by the YOT to confirm the juvenile’s suitability for that type of sentence
  5. Youth court may adjourn the sentence hearing if the report is not availability as the court places a great emphasis on this report OR
    - May ask a member of the YOT who is present in court to prepare a ‘stand-down’ report so that sentencing can take place without the need for the case to be adjourned
34
Q

What are the overrarching principles of sentencing children and young people?

A
  1. General approach
    * principle aim of the youth justice system (to prevent offending by children and young people) and welfare of child and young person
    * seriousness of offence should be focused on an individual basis, and rehabilitation where possible
    * court should consider the effect the sentence is likely to have on the child or young person (positive and negative) and any underlying factors contributing to the offending behaviour
  2. Domestic and international laws
    * a custodial sentence should always be a measure of last result for children and young people
    * statute = custodial sentence may only be imposed when offence is so serious that no other sanction is appropriate
    * avoid criminalising children and young people unnecessarily, primary purpose of the youth justice system is to encourage Js to take responsibility for their own actions and promote re-integration into society rather than to punish
  3. Culpability of children
    * Not fully developed impacts decision-making and risk-taking behaviour
    * Extent to which young person has been actinve impusively and whether their conduct has been affected by inexperience, emotional volatility or negative influences
    * more suscepitble to peer pressure and other external influences and changes taking place during adolescence can lead to experimentation resulting in criminal behaviour
    * When considering a child or young person’s age, their emotional and developmental age is of at least equal importance to their chronological age (if not greater)
  4. Harm
    * court should consider the level or physical or psychological harm caused to the victim
    * degree of any loss caused to the victim and the extent of any damage caused to property
    * assesment should also include a consideration of any harm that was intended to be caused or could forseeably have been caused in the committal of the offence
  5. Aggravating or mitigating factors
    * reduces the overall seriousness of the offence
    * if any of these factors are included in the definition of the committed offence they should not be taken into account when considering the relative seriousness of the offence before the court
35
Q

What is the structure for determining the sentence for juveniles?

Section 4

A

1) Principle aim of the youth justice system
2) The welfare of the child or young person
3) The age of the child or young person (chronological, developmental and emotional)
4) Seriousness of the offence
5) The likelihood of further offences being committed
6) The extent of harm likely to result from those further offences

36
Q

What are the types of sentences that can be passed on a juvenile offender?

A

1) Referral orders
2) Youth rehabilitation order
3) Detention and training order

37
Q

What is a referral order?

A
  • An order referring the Juvenile to the Youth Offenders Panel, who will meet the juvenile and their family and agree on a programme of behaviour.
  • Designed to prevent the juvenile from re-offending and will last between 3-12 months.
  • Terms of the plan agreed between juvenile and the panel members rather than by the youth court

The youth offender panel comprises a member of the YOT and two community volunteers

38
Q

When must a referral order be made?

A

Juvenile
* pleads guilty
* to imprisonable offence and
* has not been convicted of an imprisonable offence before or bound over by a court.

Unless the court is proposing either to impose a custodial sentence or make an absolute discharge.

39
Q

When may a referral order be made?

A

Juvenile
* pleads guilty to some but not all offences (mixed plea)
* or if they’ve already received a referral order before
* in exceptional circumstances can make a second referral order

40
Q

When can a referral order not be made?

A

Defendant pleads not guilty and is convicted at trial.

41
Q

What is a detention and training order?

A
  • Only type of custodial sentence imposed by the Youth Court
  • Offence (or combination of offences) has to be so serious that neither a fine alone nor community sentence can be justified
42
Q

What must the youth court consider before it makes a detention and training order?

A
  • Court must explain why a YRO with intensive supervision and surveillance wasn’t an appropriate alternative
  • If the pre-sentence report from the YOT specifically addresses custody as a possible sentencing option
43
Q

When can a youth not be sentenced to a detention and training order?

A

Ages 10-11

44
Q

When may the court order a detention and training order?

A

If a juvenile is aged between 12 and 14 inclusive and court considers that the juvenile is a ‘persistent young offender’

45
Q

When can a court order a detention and training order?

A

Case is so serious that only a custodial sentence is justified.

Juvenile is aged between 15-17

46
Q

What is the legnth of the detention and training order sentence?

A

May be ordered to run for at least 4 months but must not exceed a total of 24 months.

Must be for the shortest period of time that the court considers proportionate with the seriousness of the offence (or associated offences)

47
Q

Is there an early release option for a youth and detention order?

A
  • Youth will be held in a young offender institution for half of the period of the order
  • They will then be released into the community under the supervision of the YOT for the remaining half
  • Degree of supervision - electronic monitoring and intensive supervision
  • If a juvenile offender breaches the supervision element of their sentence can be further punished for such breach
48
Q

What is a youth rehabilitation order (YRO)?

A
  • Equivalent of a generic community order
  • Allows the court to include one or more requirements to achieve punishment for the offence, protection of the public, reduction in re-offending and reparation
  • Lasts for a period of up to 3 years
49
Q

What rights of appeal does the youth have in the youth magistrates court?

A

Same rights of appeal as a defendant who is convicted or sentenced by the adult magistrates court

SQE 1 - Criminal Practice Bella (15 decks)

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