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Criminal Litigation > Unit 20 - Youth Defendants > Flashcards

Unit 20 - Youth Defendants Flashcards

1
Q

Define an adult in criminal procedure

A

Any person aged 18 or over.

Sometimes for sentencing it means 21 or over.

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2
Q

Define a child in criminal procedure

A

A person under the age of 14 years.

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3
Q

Define a young person in criminal proceedings.

A

Someone between 14 and 18.

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4
Q

There is an irrebuttable presumption that a person under the age of X cannot be guilty of a criminal offence.

A

Ten.

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5
Q

Are youth courts magistrateor crown courts?

A

Mags

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6
Q

Does youth court have jurisdiction to try some indictable only offences?

A

Yes (except homicide and certain firearms offences)

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7
Q

Can youth choose between summary or trial on indictment?

A

No. No right to elect to CC if under 18.

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8
Q

When must a child or young person be tried in the CC?

A

Homicide

Certain offences with mandatory minimums

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9
Q

When MAY a child or young person be tried in the CC?

A

S91 PCC(S)A offences;

Dangerous offender offence;

Alongside an adult accused.

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10
Q

TRUE or FALSE. A child or young person can be tried in an adult mags court is alongside an adult accused.

A

TRUE.

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11
Q

Are the public excluded from courtroom of a youth court?

A

Yes.

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12
Q

Who is permitted to be present in a youth court?

A

(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.

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13
Q

TRUE or FALSE. If an accused is under 18, the court must require a parent or guardian to attend, unless satisfied that this is unreasonable.

A

FALSE. If under 16, they MUST. If under 18, they MAY.

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14
Q

The words ‘conviction’ and ‘sentence’ are not used in youth courts for summary trials. What words are used?

A

Finding of guilt;

Order made on a finding of guilt.

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15
Q

Do youth accuseds ‘swear’ to tell the truth?

A

No, they promise.

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16
Q

Can a legal representative enter a plea on behalf of a youth accused?

A

Yes, due to disorderly conduct.

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17
Q

What must be considered when deciding to send a child up to trial alongside an adult?

A

Burden of having to have two separate trials v traumatic CC experience for the child/young person.

Age and maturity;
Comparative culpability;
Previous convictions;
Can trial be severed w/o injustice;
Age gap between child and adult
18
Q

Can a Crown Court remit a child back to the youth court when sent up alongside an adult?

A

No. If adult pleads guilty, child may end up being tried alone.

19
Q

If a child or young person indicates a plea of guiilt in mags, what orders can the court make?

A

Absolute discharge;

Conditional discharge;

A fine up to £1000 if 14, or £250 if not;

Require parents to keep proper control;

Referral order;

Remit to youth court for sentence.

20
Q

If a young person pleads not guilty to summary trial, and the adult does as well, what must the corut do?

A

The mags must try them.

21
Q

If a young person pleads not guilty to summary trial and the adult pleads guilty, what can the court do?

A

The adult mags may try him or can send to youth court.

22
Q

Can the mags sentence a child.young person?1

A

Only if sentences are appropriate.

23
Q

TRUE or FALSE. A person is deemed to be whatever age he or she is presumed to declared to be by the court.

A

TRUE.

24
Q

When will a CYPs first appearance be in an adult mags court?

A

(a) the child or young person is jointly charged with an adult; or
(b) the child or young person is charged with aiding and abetting an adult to commit an offence (or vice versa); or
(c) the child or young person is charged with an offence which arises out of circumstances which are the same as (or connected with) those which resulted in the charge faced by an adult accused.

25
Q

What are the five circumstances where a CYP may/must be tried in CC?

A

(a) where the child or young person is accused of homicide (i.e. murder or manslaughter) the case must be heard in the Crown Court; or
(b) where the child or young person is charged with a firearms offence where the FA 1968, s. 51A, applies (or using someone to mind a weapon under the VCRA 2006, s. 29(3)), and had attained the age of 16 at the date of the alleged offence, the case must be heard in the Crown Court; or
(c) where the child or young person is accused of an offence to which the PCC(S)A 2000, s. 91, applies (i.e. an offence carrying at least 14 years’ imprisonment in the case of an adult or one specified in s. 91 itself), the case may, depending on whether or not a sentence in excess of two years is likely to be appropriate, be heard in the Crown Court; or
(d) where the child or young person is charged with a ‘specified’ offence as defined by the CJA 2003, s. 224 (and so falls within the ambit of the ‘dangerous offender’ provisions of that Act), the case may be heard in the Crown Court, depending on whether the accused can properly be regarded as a dangerous offender; or
(e) where the child or young person is charged alongside an adult who is to be tried in the Crown Court, the child or young person may also be sent to the Crown Court for trial, but only if it is necessary in the interests of justice to do so.

26
Q

What is the normal custodial sentence for young offenders?

When can it be granted?

A

Detention and training order: 24 months - 12 months custody followed by 12 months supervision.

For offenders under 15, can only impose for persistent offenders. Never for under 12s.

27
Q

S91 PCC(S)(A allows for CYPs to be detained for a period not exceeding the maximum for an adult. When can it be applied?

A

(a) where a child or young person who has attained the age of ten is convicted of an offence which carries at least 14 years’ imprisonment in the case of an adult offender;
(b) where a child or young person who has attained the age of ten is convicted of an offence under the SOA 2003, ss. 3, 13, 25 or 26.

28
Q

If the mags considers that it ought to be possible to impose a sentence under s91 PCC(S)A, what shuld they do at the PBV hearing?

A

Send to CC.

29
Q

If CYP commits a specified offence and an extended sentence would be justified following conviction, what must the mags do?

A

Send the accused to CC. Exceptional course of action.

30
Q

What are the principal sentences in the youth courts?

A

(b) fines (see E15) — in the case of young offenders, fines are limited by virtue of the MCA 1980, s. 24(3) and (4), to a maximum of L1,000 in the case of offenders who are aged 14 to 17, and a maximum of L250 where the offender is aged 10 to 13 (or the maximum specified for the offence, if less);
(c) youth rehabilitation orders under the CJIA 2008, s. 1 (see E9.2);
(d) referral orders and reparation orders (see E10 and E11 for details); and
(e) absolute and conditional discharges (see E12 for details).
(f) ancillary orders
(g) orders against the parents

31
Q

Where an offender is convicted at 17 but sentenced at 18, what does the sentence take effect as?

A

A detention and training order rather than a sentence of detention in a young offender institute.

32
Q

The court may not make a detention and training order if it imposes:

A

A sentence of detention under s250;

An extended sentence of detention uner section 254.

33
Q

If an offender is aged under 15 when convicted, when can the court make a DAT order?

A

If of the opinion that D is a persistent offender.

34
Q

What is the minimum length of a DAT?

A

4 months.

35
Q

What is the maximum length of a Youth Rehabilitation Order?

A

3 years

36
Q

YROs can only be made if the court is of the opinion that:

A

The offence or combination thereof is serious enough to warrant making such an order.

Factors:

  • Circumstances
  • Associated offences
  • Aggravating and mitigating factors.
37
Q

Before making a YRO, what must the court obtain?

A

Info about the family circumstances and the effect of a YRO on those circumstances.

38
Q

What is a referral order?

A

An order requiring an offender under 18 to attend meetings of a youth offender panel + comply with a programme of behaviour.

39
Q

When is a referral order mandatory?

A

Where the offence is an imprisonable one;

D has never been convicted.

40
Q

How long can a YO contract be?

A

3-12 months.

Criminal Litigation (18 decks)

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