Unit 21 Youth Courts and the appearance of youths in other courts 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
What if the court decides the case on the basis of an incorrect assessment of A’s age?
- Generally when U18 brought before court, court must make ‘due inquiry’ as to person’s age and take into account all evidence in the case
- The court is entitled to accept what person or parent says
- If real doubt and no evidence → Should require an age assessment by a youth offending team
BUT order/judgment not invalidated by subsequent proof of incorrect age – person deemed to be whatever age he is presumed or declared to be by court
What is the default position regarding the court in which C/YPs will be tried? What form does the trial take?
Presumption = summary trial in YC (form of Mags)
–> YC has jurisdiction to try offences which for adult triable only on indictment
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.
Are the public allowed in a youth court?
No.
The list of people who can be present is pretty self-explanatory. The only surprising thing is that one journalist can be present (but not full news crews b/c reporting restrictions)
What are the rules regarding the attendance of a parent/guardian in court?
(1) Youth U16 → court must require parent/guardian to attend
(2) Youth 16-17 → court may require parent/guardian to attend
Attendance required: unless and to extent unreasonable in circumstances of case
What are the differences between the trial of a C/YP and that of an adult in the mags?
Very similar - overall procedure pretty much the same
Procedural differences:
(1) A sits on chair rather than dock, w/ parent or guardian nearby
(2) A and young Ws addressed by first name
(3) Oath = ‘promise’ (not ‘swear’) to tell the truth
Terms replaced
- Conviction → finding of guilt
- Sentence → order made on a finding of guilt
- NB: applies to YC and adult Mags but not CC
Can the pbv hearing take place in the absence of a child or young person accused if one is necessary?
Yes, if 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,
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
What is the court of first appearance in the case of a C/YP? Does the C/YP attend in person or via live link?
Will always be YC
Exception: will be adult mags where -
(a) C/YP jointly charged w/ adult
(b) C/YP charged w/ aiding and abetting adult (or vice versa)
(c) C/YP charged w/ offence arising out of same circumstances as adult
C/YP must usually come in person rather than live link
Recite the young offenders mind map where C/YP first appears in the Y/C and the Q is whether they should be committed to the CC for trial
Look at mind map - but careful (the mind map is slightly misleading)
Recite the young offenders mind map where C/YP is charged alongside an adult co-A
Look at mind map
What are the reqs for a YP to qualify as a ‘dangerous offender’?
- Same as for an adult. I.e. there must a ‘significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences’
- However, the only circumstance in which this will lead to the C/YP be sent to the CC for trial/sentencing is if (in addition to being a dangerous offender) they committed a specified offence which carries a minimum custodial term of 4 years
What are the sentences available to the youth court?
All sentences for YDs allowed except: long term detention = only available to CC
Principal sentences:
(1) detention and training orders
(2) fines (U14 → up to £250; 14+ → up to £1000)
(3) youth rehabilitation orders
(4) referral orders and reparation orders
(5) absolute and conditional discharges
YC can also make ancillary orders
(1) Compensation order (Max amount per offence = £5000; No restriction on aggregate sum)
(2) Parenting order / binding parents over
What is a detention and training order? Which courts can make such an order?
- Period of detention and training followed by a period of supervision.
- Available to YC and CC but not Mags
NB: YD age 17 at date of conviction but 18+ when sentenced, sentence will be detention and training order and not sentence of detention in a young offender institution
When must a detention and training order be made?
(1) offence punishable by imprisonment in the case of a person 21+ and
(2) neither fine nor community sentence alone can be justified.
Req (2) is unnecessary, if the offence involves certain specified offences involving weapons
When can a detention and training order NOT be made (ie when can U18s not be given a custodial sentence)?
(1) U15 at time of conviction – unless persistent offender
(2) U12 at time of conviction
What are the rules regarding the duration of a detention and training order?
Min period = 4 months
- (1) Where 4-month order would have been imposed but there is G plea or significant mitigation, court cannot impose the order at all
- (2) Terms of less than 4 months cannot be aggregated to reach 4 months
- (3) If max imprisonment for adult less than 4 months, order cannot be imposed
Summary-only max period = 6 months
Otherwise max period = 24 months
N.B. such orders can be consecutive and the aggregate length of consecutive orders can exceed 6 months
What are ‘youth rehabilitation orders’ and what are the rules regarding their availability?
- U18 equivalent to a ‘community order’
- Can be all community orders available for adults plus:
(1) Youth rehabilitation order with intensive supervision and surveillance
(2) Youth rehabilitation order with fostering
- However the above 2 orders can only be made if:
(1) offence punishable with imprisonment
(2) if U15, persistent offender.
N.B. Unpaid work requirement can only be made if 16 or 17 at time of conviction
What is a referral order?
Referred to youth offender panel, who agree a ‘contract’ w/ YD and family aimed at tackling the offending behaviour and its causes
Contractual requirements can include:
- Required apologies
- Reparation to victim
- Community work
- Family counselling
- Drug rehabilitation
Which courts can make a referral order? When must and when may it be made?
Available to: YC or (exceptionally) Mags, but not CC
Must be made where:
- (1) U18 offender, and offence w/ no sentence fixed by law
- (2) court not proposing to 1) pass custodial sentence or 2) hospital order
- (3) court not proposing to grant absolute/conditional discharge
- (4) compulsory referral conditions are satisfied, and: (a) pleaded G to offence; (b) first conviction
- (5) arrangements available in area where YD resides
May be made where:
- (1) YD being dealt with for offence and one or more connected offences, whether or not any punishable with imprisonment and
- (2) YD pleaded G to at least one of the offences mentioned, whether or not he has been previously found G of an offence.
What are the min and max periods of a referral order?
Min: 3 months
Max : 1 year