FLK2 Crim Part 2 Flashcards
youth, sentencing, wittness guidelines for crim
Objective of the Youth Court?
Prevent youth from offending, must have consideration of the youth wellfare
role of the Youth Offending Team
Coordinate services:
- Investigation circumstances+ prev convictions
- Support to those on Bail
- Adminstering non custodial sentence
- Preparing pre-sentence report
Role of parents/ Guardians?
They must attend up to 16 ( unless unreasonable, determined by court)
16-17 - court has discretion to decide
role must be active- questions are put to them.
Whats a referral order
Must be given to child who pleads guilty to a custodial offence, and never previously convicted of bound.
Oder to be Reffered to Youth offender panel who works to:
- stop further offending,
- help them right their wrong to victim
-help juvenile with anyother problem
What conditions need to be met to remand to Youth Detention
12-17 years old
1- Legal rep present
2- Violent or sexual offence where an adult could get 14 yrs or more. or ‘Recent and significant history’ of absconding or comitting offences while on bail
3- court must belive its necessary to protect public form death or serious personal injury by further offences, and that th risk imposed by the child cannot be managed by the community.
Whats a recordable offence
Sentence that a youth may receive a custodial sentence
Criteria for PYO
Persistance youth offencer- 3 occasions for recordable offences
If Refusal of Bail- what are the conditions for Local Authority accomodation
- remand to local authoity. may include return to home under local authority care.
- 10 to 11 yrs
- court will consider the YOT report
- if 17 automatic custody.
Youth court or adult court- Must/ Mays
Must- Grave (+14 sentence, sexual), Firearms, Homocide, adult to mag (FAGH)
May-GAS - grave, adult to cc, specified offences( violnt/sexual if they can be classified as dangerous)
How are they refered to by age
10-17- Juvenile/ Youth
10-13- Children
14-17- Young people
