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BTC- Criminal Litigation > Topic 17- Youths > Flashcards

Topic 17- Youths Flashcards

1
Q

What is the definition of an adult?

A

Any person aged 18 or over

Or 21 or over (age when offender becomes liable to imprisonment)

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2
Q

What is the definition of a child?

A

A person under 14 years

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3
Q

What is the definition of a young person?

A

Person who is between 14 and under 18

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4
Q

What is the age of criminal responsibility?

A

Over 10 years old

Anyone under 10 years old cannot be found guilty of a criminal offence

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5
Q

Which court will a child or young person first appear in?

A

Youth Court

However, there are exceptions to this

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6
Q

What are the exceptions for where a child or young person first appears in Magistrates Court, instead of youth court?

A

Child or YP is jointly charged with an adult
OR
Child or YP is charged with aiding and abetting an adult to commit offence
OR
Child or YP is charged with an offence which arises out of circumstances connect with those faced by an adult

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7
Q

Do the normal rules governing allocation apply to youths?

A

No, most youths are tried and sentenced in youth courts

Youth courts are the equivalent of MCs

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8
Q

Where are most youths tried and sentenced?

A

Youth court

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9
Q

What type of trial is used in youth cases?

A

Summary trial

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10
Q

Do youth courts have jurisdiction to try indictable only offences?

A

Yes, except homicide and certain firearm offences

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11
Q

How will a youth be tried for indictable offences?

A

They will usually be tried summarily for indictable offences

They have no right to elect a Crown Court trial

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12
Q

Do youths have the right to elect Crown Court trial?

A

No

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13
Q

Which specific offences will a youth be tried in the Crown Court?

A

Homicide

Certain firearm offences

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14
Q

Can the MC send a youth to Crown Court?

A

Yes, if they feel they should not accept jurisdiction

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15
Q

Are youth courts open to the public?

A

No, the public are excluded from youth courts

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16
Q

Who are the only persons permitted in youth courts?

A

Members of the court

Legal representatives

Witnesses

Some media representatives

Social workers

Sometimes parents (under 16)

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17
Q

When may parents or guardians be allowed in youth courts?

A

If the youth is under 16, then a parent or guardian must attend

(unless satisfied it is unreasonable to do so)

The court MAY order a parent or guardian to attend having regard to the circumstances

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18
Q

What is the definition of a guardian?

A

A person who provides the care of the youth

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19
Q

Who must a summons or requisition to attend court be served on for youth cases?

A

The youth
AND
Parent or guardian

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20
Q

Is the court of trial in youth court similar in a way to magistrates court?

A

Yes, it is essentially the same

However, they use different terminology and is less formal

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21
Q

What terminology is used instead of conviction in youth court?

A

Finding of guilty

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22
Q

What terminology is used instead of sentence in youth court?

A

Order made on a finding of guilt

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23
Q

How is the youth court less formal than in MC?

A

Accused sits on a chair, not in a dock

Addressed by their first names

Oath taken by witnesses is to promise, not swear

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24
Q

What are the two circumstances where a youth MUST be tried in Crown Court?

A

Homicide
Firearms offences (over 16)

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25
What are the three circumstances where a youth MAY be tried in Crown Court
Offence which carries at least 14 years imprisonment for an adult under SA 2020 s249 Specified offence under SA 2020 s306 - dangerous offender cases Youth is charged alongside an adult who is to be tried in CC- only if in interests of justice to do so
26
What is the only situation where a youth may be tried alongside an adult in magistrates court?
Where the youth is charged alongside an adult who is being tried in MC
27
When does a plea before venue procedure take place for youths?
Applies where the court would otherwise be required to send a youth to Crown Court
28
What is the plea before venue procedure for youths?
Youth is invited to indicate their plea MC then proceed to allocation or sentence
29
What does SA 2020 s250 entail?
Punishment of youths who are convicted on indictment of certain serious offences (s249 offences) Involves imprisonment for a period not exceeding the max sentence which may be imposed on an adult offender
30
What does SA 2020 s250 enable?
It enables the Crown Court to pass a longer term of detention
31
What are the circumstances where SA 2020 s250 applies?
Where a youth is convicted for a s249 offence and is then sent to Crown Court for sentence
32
Where a youth could be sent to Crown Court under s249, what must be heard first?
Submissions by pros and def Any previous convictions
33
What does SA 2020 s306 entail?
Violent crimes, sexual offences, terrorism Essential dangerous offenders
34
What is the criteria for sending a youth to Crown Court under SA 2020 306?
Where the offence is specified offence under s306 AND If found guilty, there should be an extended sentence However, this is quite rare
35
What is the definition of "specified offence" under s306 SA 2020?
Where there is a significant risk to the public of serious harm occasioned by the commission by the offender of further specified offences
36
Under the dangerous offender provision (s306), when would it be appropriate to send a youth to Crown Court?
If there is sufficient information about the nature and circumstances of the offender, offence, etc AND It is in the interests of justice to be tried on indictment
37
When will a youth be tried in Crown Court when charged jointly with an adult?
If it is in the interests of justice to do so Has to also be indictable offence
38
When will the court determine whether to send a youth to be tried in Crown Court when charged jointly with an adult?
When the youth indicates a not guilty plea The court will then decide whether it is in the interests of justice to send a youth to Crown Court for trial
39
What factors will the court consider when deciding whether it is in the interests of justice to send a youth to Crown Court when charged jointly with an adult?
Whether it is desirable to have a joint trial (eg, same witnesses, etc) Will consider the fact that a youth may find appearing in Crown Court unduly traumatic Court should always consider that the Youth Court is best for them
40
Will the justices usually try to send a youth to Crown Court when it arises?
No- youths should be tried in youth court, as they are designed for their specific needs Only in special circumstances and in the interests of justice will they be sent to Crown Court
41
If a youth has been sent to the Crown Court to be tried alongside an adult, can they be sent back to youth court?
Yes, they can then them back to youth court
42
Where a youth is not sent with an adult to the Crown Court, because they indicated a guilty plea, what is the procedure after?
Magistrates Court must decide whether their sentencing powers are adequate If they do not, then the youth will be sent to the youth court to be sentenced
43
What are the sentencing powers of magistrates?
Absolute discharge Conditional discharge Fine (up to £1000 for over 14s, up to £250 for under 14s) Requiring the offender's parents to enter into a recognisance to exercise proper control over the offender
44
Where a youth is jointly charged with an adult who is to be tried summarily, and the youth pleads not guilty, who tries the youth?
The adult court MUST try the youth, not the youth court
45
Where a youth is jointly charged with an adult who is to be tried summarily, and the youth pleads guilty, who tries the youth?
The magistrates will remit them to the youth court for sentence if the MC sentencing powers are inappropriate
46
Where a youth is jointly charged with an adult who is to be tried summarily, and the adult pleads guilty but the youth pleads not guilty, who tries the youth?
The MC MAY try the youth or else remit them to youth court for trial Though they will usually send them to youth court
47
Where a youth is charged with aiding and abetting an adult, and they both plead not guilty, who tries the youth?
The MC has a discretion to try both of them
48
What are the three powers for committal for sentencing youths under SA 2020? - need to look at book to edit
S16- accused pleads guilty to a s249 offence S17- accused pleads guilty to an offence for an extender sentence S19
49
Where a youth is committed to the Crown Court for sentence, can the CC remit them back to the youth court?
Yes Usually done if they feel the powers of the youth court are adequate
50
Where a person apparently under 18 is brought before a court, what must be done to determine their age?
An inquiry must be made as to their age, and to find the evidence
51
Can the courts presume or declare an age of a youth?
Yes
52
What is the limit on sentencing powers of the youth court?
They have all orders for sentencing youths, apart from long term detention- this is only available in Crown Court
53
What is the only sentencing power the Crown Court has that the youth court does not have?
Long-term detention
54
What are the 5 principal sentencing powers of the youth court?
Detention and training orders Fines (max £1000 for 14-17; max £250 for 10 to 13) Youth rehabilitation orders Referral orders and reparation orders Absolute and conditional discharges
55
What is the age range for detention and training orders?
12 to 18
56
When will a detention and training order be applied?
Where a youth is convicted of an offence punishable with imprisonment for an adult Must be 12-18 years old
57
Where an offender is aged 17 at the date of conviction, but is aged 18 at sentence, what will the detention order look like?
It will take effect as a detention and training order, rather than detention at a young offender institution
58
What circumstance will the court pass a detention and training order for an under 15?
Where the offender is a persistent offender
59
How is a youth classed as a persistent offender?
Three findings of guilt in the past 12 months for imprisonable offences
60
What is the term range for a detention and training order?
Minimum four months Maximum 24 months
61
If the max sentence for an offence is 3 months imprisonment, can a youth still have a detention and training order?
No It must be 4 months at least
62
What is a youth rehabilitation order?
This is an alternative to custody- equivalent to community sentence Three years maximum
63
What is a referral order?
An order which require a youth to attend youth offender panel meetings and behaviour programmes It aims at tackling offending behaviour
64
When is a referral order only available?
Where the offender pleads guilty AND Where the offence is imprisonable AND Has never been convicted before
65
What are the conditions that must be satisfied for the court to make a referral order?
Where the offender pleads guilty AND Where the offence is imprisonable AND Has never been convicted before
66
In the absence of a youth who is legally represented during PBV, can their solicitor enter a plea on their behalf?
Yes, the hearing can proceed in their absence and the solicitor can enter a plea on their behalf
67
If a youth is jointly charged for a summary offence, and their adult co-accused pleads not guilty in MC, where will the youth be sent?
They MUST be tried in adult magistrates, as they are a youth jointly charged with an adult
68
When may a youth be sentenced by Crown Court to a detention in excess of 24 months?
Where they are over 10 years old AND Convicted of an offence which carries over 14 years imprisonment for an adult
69
If a youth has been accused of manslaughter, where will they be sent?
They MUST be sent to the Crown Court
70
Do the MC have the power to order a detention and training order?
No, only the CC and Youth Court do
71
What are the only two circumstances where the Magistrates can commit a youth to the Crown Court?
If they are considered a dangerous offender OR If there is a real possibility that a sentence of over 24 months will be imposed
72
Can a youth be committed for sentence to the Crown Court from the Youth Court if the magistrates believe that a long term detention under s91 is appropriate?
No, the YC cannot commit a youth to CC for sentence under s91if he was convicted after trial in YC Can only be committed to sentence under s91 if he pleaded guilty
73
Can youths be sent to the adult magistrates court under any circumstances if they're not charged with an adult?
No They must be charged jointly with an adult to be sent to magistrates'
74
Where a youth has been sent to Crown Court with an adult, and the adult pleads guilty, can the CC send them back to the Youth Court for trial?
No, they have no power to send them back to the Youth Court for trial However, they can send them to the MC
75
What are the two exceptions to the rule that the Youth Court can try indictable only offences?
Cannot try homicide or gun related offences

BTC- Criminal Litigation (25 decks)

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