Processes: Youth Court Flashcards
What does the Youth Court deal with?
Jurisdiction of Youth Court:
The Youth Court is a specialist court dealing with offenders aged 10-17 (inclusive). The general rule is that all youth offenders are to be tried summarily in the Youth Court.
A person under 18 who is charged alone or with another person under 18 will be tried in the Youth Court unless some exceptions apply. This means that no allocation hearing will be held. The youth, even if they are charged with an indictable only offence, cannot elect trial by jury.
What is the age of criminal responsibility?
Children under 10 cannot hold criminal responsibility and so cannot be prosecuted for a crime. They are dealt with through childcare proceedings instead
What are the Youth Court’s key features?
Key features of the Youth Court:
1) The maximum term of detention in the Youth Court is 24 months
2) There is no power to impose a sentence of detention on a child aged 10 - 11 years old in the Youth Court
3) There is no power to impose a sentence of detention in the Youth Court on a child aged 12 - 14 years old unless they are categorised as a persistent offender
What factors determine when youths are not tried in the Youth Court?
Exceptions to the general rule of youths under 18 being tried in the Youth Court:
- The age of the offender at the time of trial
- The offence charged
- Whether the youth is jointly charged with an adult
What is a grave crime?
Grave Crimes
A grave crime is a serious offence for which an adult aged 21 or over may receive a custodial sentence of 14 years or more. Grave crimes assessed on SQE include:
Robbery (s8 Theft Act 1968);
Causing GBH or wounding with intent (s18 OAPA)
Aggravated criminal damage and arson / aggravated arson
Where a youth is charged with a grave crime, they must be sent to the Crown Court for trial if the Youth Court considers that a custodial sentence longer than 24 months is appropriate, or the Youth Court may retain the case for summary trial.
Explain the procedure for grave crimes
Procedure for Grave Crimes
The Youth Court must conduct a Plea Before Venue in respect of youths charged with grave crimes.
1) If the youth indicates a guilty plea, the offence should be treated as tried summarily and the court should proceed to sentencing (with the ability to commit the youth to the Crown Court for sentence);
2) If the youth indicates a not-guilty plea (or does not enter a plea), the magistrates must then proceed to determine allocation
What is the allocation test applied for grave crimes?
Allocation test to be applied for grave crimes: Is there a real prospect that a sentence in excess of 2 years’ detention will be imposed on the youth?
If the Youth Court considers that the youth should be imprisoned (either at an earlier age or for a longer period of time), the only option is to send the youth to the Crown Court.
When are youth sent to the Crown Court forthwith?
- Homicide cases: Youth charged with murder, manslaughter or attempted murder;
- Firearms offences: Youth aged 16 or 17 charged with a firearms offence and faces a ‘mandatory minimum’ sentence of 3 years under Firearms Act 1968 must be sent to Crown Court for trial;
- Specified violent or sexual offence;
- Significant risk to public of serious harm if further offences are committed (dangerous offender provisions apply);
- At least 4 years’ custody would imposed for offence charged
Can the youth elect trial at the Crown Court?
Determining trial at Crown Court:
Youth defendant has no right to elect this but the defendant’s advocate can seek to persuade the Youth Court to decline jurisdiction.
Where does a case start when a youth is jointly charged with an adult?
Where a youth defendant has been charged jointly with an adult (as co-principals or because one aided or abetted the other), or charged with an offence arising out of the same facts as the other defendant, case will start in the Magistrate’s Court to determine where the youth will be tried.
When will a youth be sent to the Crown Court when jointly charged with an adult?
A youth charged with an adult must be sent with the adult to the Crown Court if it is in the interests of justice to do so, and must be tried with the adult in the magistrates’ court.
The youth will normally be remitted to the Youth Court for sentencing.
What is the sentencing procedure if a youth:
Pleads guilty after being jointly charged
Sentence in adult magistrates’ court or remit the case to the Youth Court for sentence.
What is the sentencing procedure if a youth:
Pleads not-guilty after being jointly charged
- If adult is sent to Crown Court for trial, consider the interests of justice test
- If adult is retained for trial, youth must be tried jointly
- If adult pleads guilty, youth to be remitted to Youth Court
What is the role of the Sentencing Children and Young People Definitive Guidelines?
When sentencing children or young people, a court must have regard to the principal aim of the youth justice system - P.O.W
- (P.O) To prevent offending by children and young people;
- (W) The welfare of the child or young person
The approach to sentencing should be individualistic as opposed to offence-focused. The sentence should focus on rehabilitation where possible; custody should be a measure of last resort. A court should also consider the effect the sentence is likely to have on the youth (both positive and negative) as well as any underlying factors contributing to the offending behaviour
How is sentence determined according to the guidelines?
In addition to the principal aim of the youth justice system and the welfare of the youth, the key elements to consider are:
The age of the child or young person (chronological, developmental and emotional)
The seriousness of the offence
The likelihood of further offences being committed
The extent of harm likely to result from those further offences
When dealing with youth offenders, courts must:
- Avoid ‘criminalising’ youths unnecessarily; the primary purpose of the youth justice system is to encourage children and young people to take responsibility for their own actions and promote reintegration into society rather than to punish
- Bear in mind the lack of emotional development and immaturity of a youth when compared with an adult
What is a referral order?
A referral order is intended to be the usual offence for a first time offender (3 - 12 months).
Youth is referred to a Youth Offender Panel (YOP) who will meet with the defendant and their parent/guardian to agree a contract with the aim of rehabilitating the defendant. The Youth Offending Team (YOT) will also be involved - YOTs work with other local agencies and deal with matters like diversion from future offences, punishment and rehabilitation. They are also involved in earlier stages of criminal proceedings.
The programme will address the causes of offending behaviour and will allow the youth to take responsibility for the consequences of their actions.
What is a detention and training order (DTO)?
The only form of custodial sentence available to the Youth Court. Equivalent to imprisonment for youth offenders - usual order is a Detention and Training Order (DTO). Custody threshold must be passed before a DTO can be imposed. (4,6,8,10,12,18 or 24 months)
Cannot be imposed on a child under 12 and only on a child aged 12-14 if they are a persistent offender.
What is a Youth Rehabilitation Order (YRO)?
Community sentence, built out of a combination of ‘requirements’. A YRO imposes the imposition of one or more ‘youth rehabilitation requirements’ which are designed to punish the youth, protect the public, reduce reoffending and to make reparation. May last for up to 3 years in total.
When are longer term sentences / detentions imposed?
Longer sentences > 24 months: Can only be imposed by the Crown Court. Long-term detention for grave crimes, extended detention for dangerous offenders, life sentences for public protection.
Long-term detention: Can only be imposed if YRO or DTO is not more suitable
Extended detention for a dangerous offender: Can only be imposed if sentence merits 4 years or more.
