T21 Youths Flashcards
What amounts to youth
All D who are under the 18 years of age (juvenlines
What is the age amounting to children
10-13
What amounts to children
Age 14-17
At what age, can a D be amounted or deemed incapable of commiting a crim offence
AGE 10 years old
What does s.99(1) of the Children and Young Persons Act 1933 require when a person apparently under 18 is brought before the court?
The court MUST make “DUE INQUIRY”into the person’s age and consider any available evidence to determine it.
How is the youth court different from the adult magistrates’ court?
-> Proceedings are less formal
-> Defendant sits in a chair, not the dock, with a parent/guardian nearby
-> Under 16s MUST be accompanied by a parent/guardian (s.34A(1) CYPA 1933)
Defendants usually addressed by first name
Magistrates speak directly to the defendant and their parent/guardian
Court is closed to the public; only authorised persons allowed (BCP D24.12)
Reporting restrictions apply (press still allowed)
Youth Offending Team (YOT) is involved (similar to Probation) they will be writing a PSR and supervising certain sentences
Oath is a simple promise to tell the truth
In which court will a youth be dealt with?
-> Youths are usually dealt with in the youth court (s.24 Magistrates’ Court Act 1980)
-> This applies to summary, either-way, and indictable-only offences
->No allocation procedure or right to elect jury trial for either-way offences
-> Generally the First appearance is normally in the youth court
When will a youth appear in the adult magistrates’ court instead of the youth court?
-> If JOINTLY CHARGED with an adult (s.46(1)(a) CYPA 1933)
-> If charged with AIDING AND ABETTING an adult (s.18(a) CYPA 1933 & s.46(1)(b) CYPA 1963)
-> If the offence arises from the same circumstances or is connected to the adult’s offence (s.18(a) CYPA 1963)
When might a youth be dealt with outside the youth court? ( means transferred to mc or to cc) FOR SENTENCING
A youth may be dealt with in the adult magistrates’ court or Crown Court if:
a) Charged with an adult ( jointly charged, aiding or abetting, arise same circumstance or connected with adult offence) (MAY)
b) Charged with a grave crime (s.249 Sentencing Act 2020) – MAY go to CC based on likely sentence (MAY)
c) Charged with homicide or certain offences with mandatory minimum sentences (s.311 Sentencing Act 2020 or ( using firearms)– MUST go to Crown Court (MUST) (murder alike, firearm)
d) Charged with a specified offence under s.306 Sentencing Act 2020 and the youth court finds dangerous offender criteria met – MUST go to Crown Court for sentencing (MUST)
When does the plea before venue (PBV) procedure apply to a youth?
RMBR GENERALLY NO PBV FOR YOUTH BUT
-> PBV is only needed when the youth may be sent to the Crown Court for trial (MAY GO TO CC ONLY PBV)
-> It does not apply if the youth must be sent ( dont apply where MUST)
Under s.24B MCA 1980, PBV can take place in the YOUTH ABSENCE if they are legally represented and their behaviour makes it impracticable to proceed in their presence
How are youths dealt with when charged jointly with an adult? ( SOO)
Summary only offences:
If both plead not guilty → joint trial in adult magistrates’ court
How are youths dealt with when charged jointly with an adult? ( EWA)
PBV and allocation start with ADULT
If adult sent to Crown Court → youth MAY be sent too if necessary in the interests of justice (s.51(7) CDA 1998) (MAY BE SENT TO CC if IOJ )
If adult remains in mags → youth MUST also be tried there if not guilty (s.46(1)(a) CYPA 1933 & s.29 MCA 1980)
IMP
If adult pleads guilty or is discharged → youth may be remitted to youth court
How are youths dealt with when charged jointly with an adult? ( IOO)
If adult sent to Crown Court → youth may be sent too (s.51(7) CDA 1998), if jointly charged and in the interests of justice
What is the interest oof justice test for youth in IOO
Interests of justice” test includes:
a) Witness issues
b) Age/maturity of youth
C) Age gap
d) Culpability
e) Criminal record (or lack of)
f) Appropriateness of s.250 sentence ( where youth has appeared with adult in adult mc here is not power to reimt the youth to yout court for determination of mode of trial
By virtue of s.24A of MC the court MUST
when considering whether its interest of justice:
a) Court must ask the youth to plead (s.24A MCA 1980)
b) If youth pleads guilty → NOT sent to CC under s.51, but may be REMITTED TO THE YOUTH COURT FOR SENTENCE ( BUT can be commited for sentnece if commit grave crime and mc of view that 2 years custody is app)
If not guilty → interests of justice test applies
TAKE NOTE:
-> Where youth is sent to cc for trial with adult co-accused the Court MAY also send youth to CC for related indictable or related imprisonable summary offences (s.51(8) CDA 1998)
How are youths charged with “grave crimes” dealt with?
-> A grave crime (s.249 Sentencing Act 2020) = offence punishable in adult case by **14+ years*imprisonment (some sexual offences also included)
-> Youth court can only impose up to 24 months Detention and Training Order (DTO)
-> If sentence needed may exceed 2 years → must be sent to Crown Court under s.250 Sentencing Act 2020
What is the procedure when a youth is charged with a grave crime?
-> Under s.24A MCA 1980, the youth must be asked to plead:
a) If guilty → court can either:
i) Retain the case if powers are sufficient
ii) Commit to Crown Court for sentencing (s.16 Sentencing Act 2020)
b) If not guilty → if youth court believes its powers are insufficient → youth is sent to Crown Court for trial (s.51A CDA 1998)
What can magistrates consider when deciding if Crown Court is needed?
Magistrates MAY consider previous findings of guilt (R (Tullet) v Medway Magistrates’ Court, 2003)
Decision depends on whether likely sentence exceeds youth court’s powers
In what instances when MUST A YOUTH be sent to CC
When charged with:
A) Homicide
B) Certain firearms offences (s.311 Sentencing Act 2020)
C) Using someone to mind a weapon (s.29(3) Violent Crime Reduction Act 2006)
-> Applies if the youth is liable for a minimum custodial sentence
-> PLEA IS IRRELEVANT — the case must be sent to the Crown Court
-> s.24A MCA does not apply in these cases
How are youths dealt with under the dangerous offender provisions?
-> YOUTH COURT CANNOT IMPOSE SENTENCE FOR DANGEROUS OFFENDER
-> If charged with a specified offence (s.306 Sentencing Act 2020) ANDcriteria for dangerous offender sentence is met
→ youth MUST be sent to Crown Court (s.51A(3)(d) CDA 1998)
The youth court also has the power to commit a youth to the CC if he is convicted of a specified offence and court view that dangerous offender provision shld be imposed
The court can assess dangerousness either:
a) Before conviction (send under s.51A) to CC
or
b) After conviction, commit for sentence under S.17A
(This usually preferred, as more info is available)
How do trials in the youth court differ from adult magistrates’ court trials?
-> Procedure is similar, but with greater informality
-> Same order of proceedings as in adult court
Different terminology used:
a) ‘Conviction’ → ‘finding of guilt’
b) ‘Sentence’ → ‘order made on a finding of guilt’
These terms are used even in adult magistrates’ court WHEN DEALING WITH YOUTH, but not in the Crown Court
How is sentencing handled in the youth court?
-> If convicted in adult magistrates’ court, a youth is usually remitted to the youth court for sentence
-> Adult mags have limited powers (fine, Referral Order, discharge, or parental recognisance – s.25 Sentencing Act 2020)
-> Credit for guilty plea applies
i) Youth Offending Team (YOT) prepares most pre-sentence reports (PSRs)
-> PSRs not usually ordered for discharge, fine, or referral order
ii) Sentencing approach is like adult court, but with a different aim: to prevent offending
What non-custodial sentences are available in the youth court? (Part 1)
Discharges and Fines try rmbr the age
I) Absolute discharges, conditional discharges, and fines are available
ii) Fines limits:
a) £1000 for youths aged 14 to 17
b) £250 for youths aged 10 to 13
Court’s discretion to impose fines is often limited by the youth’s finances
What non-custodial sentences are available in the youth court? (Part 2)
Referral Order
Referral Order
-> A Referral Order refers the youth to a Youth Offender Panel
-> The Panel works with the youth to discuss offending and prevent future crimes
-> Available only IF THE YOUTH PLEADS GUILTY
-> MUST be made if:
a) Youth has no previous convictions
b) Offence punishable with imprisonment
c) Court is not proposing custodial sentence or hospital order
d) Court is not granting discharge (absolute or conditional)
-> Minimum compliance period: 3 months
-> Maximum compliance period: 1 year
Consecutive or concurrent referral orders can be made, but total period must not exceed 12 months
What non-custodial sentences are available in the youth court? (Part 3)
Youth Rehab Order
-> Similar to the adult Community Order called (Youth Rehab Order)
-> (YRO) CAN ALSO BE INCLUDED WITH OTHER Requirements can include:
a) Activity requirement
b) Curfew
c) Supervision requirement
( these mostly for non imprisonable)
-> Available for non-imprisonable offences although, some requirements require the offence to be imprisonable or the custody threshold to be crossed.
(ex: intensive supervisor and surveillance)
ii) Special YRO forms:
a) YRO with Intensive Supervision and Surveillance (ISS) (for cases crossing the custody threshold)
b) YRO with fostering requirement (CUSTODY THRESHOLD NEED PASS)
THE MAX LENGTH OF YRO IS 3 YEARS
