Unit 20 Young Defendants Procedure Flashcards
Define “adult”
In the context of criminal procedure and mode of trial, an ‘adult’ is any person aged 18 or over. In the context of sentencing, however, ‘adult’ is sometimes used to mean those aged 21 or over, since it is at that age that an offender currently becomes liable to imprisonment.
Define “Child”
“Child” means a person under the age of 14 years.
Define “Young Person”
The definition sections referred to in (c) above also define ‘young person’ as a ‘person who has attained the age of 14 years and is under the age of 18 years’. Thus, a distinction has to be drawn between children (aged under 14) and young persons (aged 14 to 17 inclusive).
What is the age of criminal responsibility?
There is an irrebuttable presumption that a person who is under the age of ten cannot be guilty of a criminal offence
Does a youth accused have the right to elect a crown court trial on indictment?
No. An accused under the age of 18 has no right to elect a Crown Court trial. If a child or young person is sent to the Crown Court for trial, it is because the magistrates have decided that they should not accept jurisdiction — the most the accused may do is to make representations for or against staying in the youth court.
When MUST a young person be tried in the Crown Court?
a child or young person either must be tried in the Crown Court if charged:
i. with homicide, or
ii. with certain offences to which mandatory minimum sentence provisions apply, if applicable in the instant case;
When MAY a young person be tried in the Crown Court?
a child or young person may be tried in the Crown Court if charged:
i. with an offence to which the PCC(S)A 2000, s. 91, applies (offences carrying at least 14 years’ imprisonment in the case of an adult, together with those specified in s. 91 itself), or
ii. with an offence which falls within the ambit of the ‘dangerous offender’ provisions of the CJA 2003, or
iii. alongside an adult accused;
Can a child or young person be tried in an adult Magistrates Court?
Yes, a child or young person may be tried in an adult magistrates’ court if charged alongside an adult accused.
Are the public allowed in a youth court?
No.
Who is allowed to be present in a youth court?
a. members of the court and court officials;
b. parties to the case before the court and their legal representatives (lawyers cannot enter the courtroom if a case they are appearing in is not being dealt with at that time);
c. witnesses and other persons directly concerned in that case (witnesses are allowed to remain in court once they have given evidence);
d. bona fide representatives of news gathering or reporting organisations (but note the reporting restrictions set out below);
e. anyone else directly involved in the case (e.g., probation officers or social workers involved in the case); and
f. such other persons as the court may specially authorise to be present.
Do all children and young people require a parent or guardian?
If the accused is aged under 16, the court must (and if the accused is aged 16 or 17, the court may) require a parent or guardian to ‘attend at the court during all the stages of the proceedings, unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case’.
What is a guardian?
‘Guardian’ is defined as any person who, in the opinion of the court, has for the time being ‘the care of the child or young person’
How is parent defined?
‘Parent’ is not defined in the 1933 Act but, by the Adoption Act 1976, s. 39, includes the adopter of an adopted child. In cases where the local authority has parental responsibility, their representative, rather than, or in certain cases as well as, the parent must (or may) be required to attend
When MUST a pbv hearing take place for children or young persons?
A plea before venue hearing must take place where there is a possibility of the child or young person being tried in the Crown Court because he or she is charged alongside an adult or where the offence is one to which the PCC(S)A 2000, s. 91, applies.
Can the pbv hearing take placed in the absence of a child or young person accused if one is necessary?
Yes. Section 24B enables the plea before venue procedure to be determined in the absence of a child or young person who is legally represented, and the court considers that, because of the accused’s disorderly conduct before the court, it is not practicable for proceedings to be conducted in his or her presence, and the court considers that it should proceed in the absence of the accused. In such cases, the legal representative is invited to enter a plea on behalf of the accused (and an indication by the representative of an intended guilty plea is deemed to be a plea of guilty under s.24B(2)(c)).
Proceedings under s. 24A or 24B can be adjourned. Where the accused is present, the adjournment may take the form of a remand, either in custody or on bail (s. 24C). The functions of the magistrates’ court under ss. 24A to 24C may be exercised by a single justice (s. 24D(1)).
How will the court determine allocation for a child or young person (pleading not guilty)?
Assuming that the child or young person indicates an intention to plead not guilty, the court will invite representations from the prosecution and defence on the issue of whether or not it is ‘necessary in the interests of justice’ to send the child or young person to the Crown Court for trial.
In coming to their decision on this question, the justices must balance what may well be conflicting interests. On one hand, it is desirable that there should be a joint trial (to avoid prosecution witnesses having to give their evidence twice, to avoid the risk of inconsistent verdicts, and to avoid the risk of disparity in the sentences which are passed in the event of conviction). On the other hand, a child or young person may well find appearing in the Crown Court an unduly traumatic experience.
What are the sentencing guidelines for children and young persons in terms of proper venue?
When the interests of justice test must be considered because the adult is sent for trial to the Crown Court, the court should conclude that the child or young person must be tried separately in the youth court unless it is in the interests of justice for there to be a joint trial.
• whether separate trials will cause injustice to witnesses or to the case as a whole (bearing in mind the possibility of video recorded testimony);
• the age of the child or young person (the younger the child or young person, the greater the desirability of trial in the youth court);
• the age gap between the child or young person and the adult (a substantial gap in age militates in favour of the child or young person being tried in the youth court);
• the lack of maturity of the child or young person;
• the relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor;
• the lack of previous convictions recorded against the child or young person. The guideline also notes that the court should bear in mind that the youth court now has a general power to commit for sentence following conviction. In appropriate cases, this will permit the same court to sentence adult and young offenders who have been tried separately.
