Topic 17- Youths Flashcards
What is the definition of an adult?
Any person aged 18 or over
Or 21 or over (age when offender becomes liable to imprisonment)
What is the definition of a child?
A person under 14 years
What is the definition of a young person?
Person who is between 14 and under 18
What is the age of criminal responsibility?
Over 10 years old
Anyone under 10 years old cannot be found guilty of a criminal offence
Which court will a child or young person first appear in?
Youth Court
However, there are exceptions to this
What are the exceptions for where a child or young person first appears in Magistrates Court, instead of youth court?
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
Do the normal rules governing allocation apply to youths?
No, most youths are tried and sentenced in youth courts
Youth courts are the equivalent of MCs
Where are most youths tried and sentenced?
Youth court
What type of trial is used in youth cases?
Summary trial
Do youth courts have jurisdiction to try indictable only offences?
Yes, except homicide and certain firearm offences
How will a youth be tried for indictable offences?
They will usually be tried summarily for indictable offences
They have no right to elect a Crown Court trial
Do youths have the right to elect Crown Court trial?
No
Which offences will a youth be tried in the Crown Court?
Homicide
Certain firearm offences
Can the MC send a youth to Crown Court?
Yes, if they feel they should not accept jurisdiction
Are youth courts open to the public?
No, the public are excluded from youth courts
Who are the only persons permitted in youth courts?
Members of the court
Legal representatives
Witnesses
Some media representatives
Social workers
Sometimes parents (under 16)
When may parents or guardians be allowed in youth courts?
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
What is the definition of a guardian?
A person who provides the care of the youth
Who must a summons or requisition to attend court be served on for youth cases?
The youth
AND
Parent or guardian
Is the court of trial in youth court similar in a way to magistrates court?
Yes, it is essentially the same
However, they use different terminology and is less formal
What terminology is used instead of conviction in youth court?
Finding of guilty
What terminology is used instead of sentence in youth court?
Order made on a finding of guilt
How is the youth court less formal than in MC?
Accused sits on a chair, not in a dock
Addressed by their first names
Oath taken by witnesses is to promise, not swear
What are the two circumstances where a youth MUST be tried in Crown Court?
Homicide
Firearms offences (over 16)
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
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
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
What is the plea before venue procedure for youths?
Youth is invited to indicate their plea
MC then proceed to allocation or sentence
What does SA 2020 s250 entail?
Punishment of youths who are convicted on indictment of certain serious offences
Involves imprisonment for a period not exceeding the max sentence which may be imposed on an adult offender
What does SA 2020 s250 enable?
It enables the Crown Court to pass a longer term of detention
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
Where a youth could be sent to Crown Court under s249, what must be heard first?
Submissions by pros and def
Any previous convictions
What does SA 2020 s306 entail?
Violent crimes, sexual offences, terrorism
Essential dangerous offenders
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
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
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
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
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
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
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
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
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
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
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
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
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
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
What are the three powers for committal for sentencing youths under SA 2020?
S16- accused pleads guilty to a s249 offence
S17- accused pleads guilty to an offence for an extender sentence
S19
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
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
Can the courts presume or declare an age of a youth?
Yes
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
What is the only sentencing power the Crown Court has that the youth court does not have?
Long-term detention
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
What is the age range for detention and training orders?
12 to 18
When will a detention and training order be applied?
Where a youth is convicted of an offence punishable with imprisonment for an adult
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
What circumstance will the court pass a detention and training order for an under 15?
Where the offender is a persistent offender
How is a youth classed as a persistent offender
Three findings of guilt in the past 12 months for imprisonable offences
What is the term range for a detention and training order?
Minimum four months
Maximum 24 months
If the max sentence for an offence is 3 months imprisonment, can a youth still have a detention and training order?
No
What is a youth rehabilitation order?
This is an alternative to custody- community sentence
Three years maximum
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
When is a referral order only available?
Where the offender pleads guilty
AND
Where the offence is imprisonable
AND
Has never been convicted before
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
