Unit 21 Youth Courts and the appearance of youths in other courts

Question 1

Define “adult”

Answer 1

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.

Question 2

Define “Child”

Answer 2

“Child” means a person under the age of 14 years.

Question 3

Define “Young Person”

Answer 3

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).

Question 4

What is the age of criminal responsibility?

Answer 4

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

Question 5

What if the court decides the case on the basis of an incorrect assessment of A’s age?

Answer 5

• 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

Question 6

What is the default position regarding the court in which C/YPs will be tried? What form does the trial take?

Answer 6

Presumption = summary trial in YC (form of Mags)

–> YC has jurisdiction to try offences which for adult triable only on indictment

Question 7

Does a youth accused have the right to elect a crown court trial on indictment?

Answer 7

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.

Question 8

Are the public allowed in a youth court?

Answer 8

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)

Question 9

What are the rules regarding the attendance of a parent/guardian in court?

Answer 9

(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

Question 10

What are the differences between the trial of a C/YP and that of an adult in the mags?

Answer 10

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

Question 11

Can the pbv hearing take place in the absence of a child or young person accused if one is necessary?

Answer 11

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

Question 12

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?

Answer 12

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

Question 13

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

Answer 13

Look at mind map - but careful (the mind map is slightly misleading)

Question 14

Recite the young offenders mind map where C/YP is charged alongside an adult co-A

Answer 14

Look at mind map

Question 15

What are the reqs for a YP to qualify as a ‘dangerous offender’?

Answer 15

• 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

Question 16

What are the sentences available to the youth court?

Answer 16

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

Question 17

What is a detention and training order? Which courts can make such an order?

Answer 17

• 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

Question 18

When must a detention and training order be made?

Answer 18

(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

Question 19

When can a detention and training order NOT be made (ie when can U18s not be given a custodial sentence)?

Answer 19

(1) U15 at time of conviction – unless persistent offender

(2) U12 at time of conviction

Question 20

What are the rules regarding the duration of a detention and training order?

Answer 20

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

Question 21

What are ‘youth rehabilitation orders’ and what are the rules regarding their availability?

Answer 21

• 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

Question 22

What is a referral order?

Answer 22

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

Question 23

Which courts can make a referral order? When must and when may it be made?

Answer 23

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.

Question 24

What are the min and max periods of a referral order?

Answer 24

Min: 3 months
Max : 1 year

Question 25

What are the mags sentencing powers in respect of children?

Answer 25

NB these powers are the same as the YC, except that the Mags can’t impose a detention and training order

a. absolute discharge;

b. conditional discharge;

c. a fine (up to £1,000 for an offender who has attained the age of 14; up to £250 for one who has not);

d. requiring the offender’s parents to enter into a recognizance to keep proper control of him or her.

An adult magistrates’ court is also able to make a referral order.
If these powers are not appropriate, the justices will remit the child or young person to the youth court to be sentenced

Question 26

What are the maximum fines for children?

Answer 26

Up to £1,000 for an offender who has attained the age of 14; up to £250 for one who has not

Question 27

What is the only circumstance where a youth trial may take place in the adult magistrates court?

Answer 27

There is only one situation where the trial of a child or young person may take place in an adult magistrates’ court, namely where the child or young person is charged alongside an adult who is being tried in the magistrates’ court.

N.B. in that case the YD not only may be tried in the adult mags, but must be tried there

Question 28

Does a child or young person have a right to elect a Crown Court trial?

Answer 28

No.

Question 29

What sentencing powers are available in the youth court? (5)

Answer 29

a. detention and training orders;

b. fines (see E15) — in the case of young offenders, fines are limited, to a maximum of £1,000 in the case of offenders who are aged 14 to 17, and a maximum of £250 where the offender is aged 10 to 13 (or the maximum specified for the offence, if less);

c. youth rehabilitation orders;

d. referral orders and reparation orders; and

e. absolute and conditional discharges.

The youth court can also make ancillary orders, such as a compensation order.

Question 30

What is the maximum compensation order that may be ordered against a youth?

Answer 30

The maximum amount of compensation that can be ordered in respect of an offence where the offender is under the age of 18 is £5,000.
Where such an offender is convicted of several offences, there is no restriction on the aggregate sum of compensation (i.e. the offender may be ordered to pay up to L5,000 for each offence). Where a young offender asks for offences to be taken into consideration, compensation may be ordered in respect of those offences but the total amount ordered must not exceed the maximum which could be ordered for the offence(s) of which he or she has actually been convicted.

Question 31

Can the youth court make orders against parents?

Answer 31

Yes. The youth court is empowered to make certain orders against the parents of a young offender, namely binding the parents over or making a parenting order.

Question 32

What ages are youth detention and training orders available?

Answer 32

Aged at least 12 but under 18 when convicted. (Where an offender is aged 17 at the date of conviction but is aged 18 or over when sentenced, the sentence takes effect as a detention and training order rather than a sentence of detention in a young offender institution.)

Question 33

Will a referral order be reduced in length to reflect a guilty plea?

Answer 33

No. ‘As a referral order is a sentence that is only available upon pleading guilty there should be no further reduction of the sentence to reflect the guilty plea’.

Question 34

What are the rules as to when the trial of a C/YP will take place in the CC?

Answer 34

• General Rule = a C/YP must be tried summarily in the YC (even in respect of indictable offences)
• There are some exceptions to this

1. Adult co-A

The obvious one is where the C/YP is being tried along with an adult co-A whose trial is taking place in the CC and the adult mags (where first appearance took place) has decided that the C/YP it is in the interests of justice for there to be a joint trial in the CC

2. Homicide/Firearms Offences

Where the A is charged with either of the following two types of offences the trial has to take place in the CC. Consequently the YC/Mags (depending on where first appearance took place) will send the C/YP to the CC where their plea will be taken and the trial will take place if they plead NG.

1. Homicide
2. Firearms offence committed whilst 16+ and the C/YP would be subject to the minimum mandatory sentence (we’re not given more information on this)

3. Cases where the CC has the power to impose ‘long-term’ detention

Normally C/YP can only be detained (under a detention and training order) for a maximum of 24 months (only 12 of which can actually be in detention - the remaining 12 have to be under supervision). However, in respect of certain offences the CC has the power to impose the full custodial period for the offence which would be available if the C/YP were an adult. In these cases the CC can also impose this sentence if normally the C/YP would not be subject to a custodial sentence at all bc they are under 12 or under 15 (and not a persistent offender). The two categories of offences are:

1. Offences that carry a min custodial sentence of 14 years in the case of adult offenders
2. 4 specified sexual offences (we’re not told what they are)

Where a C/YP is accused of such an offence, the court of first appearance must consider whether it ‘ought to be possible’ (this involves a judgment call - the court will need to hear submissions on this question, but should not consider evidence about the gravity of the offence) to sentence the child to an extended sentence under this provision. If so, it must send the C/YP to the CC for trial. If the C/YP was not sent for trial for such an offence (e.g. bc at the time of allocation it was not thought that it ‘ought to be possible’ to sentence in this way) the convicting court can still commit the C/YP to the CC for sentencing only after conviction in these cases.

4. Specified Offences for which the court may impose an extended sentence

In the case of certain specified offences (we’re not told what they are) the CC may impose an ‘extended sentence’. This is different to ‘long-term detention’ because the C/YP is not actually detained for longer than the maximum period. Instead, the ordinary time limits apply, but they are subject to a licence for an extended period following release from custody. The CC has the power to impose this kind of sentence where:

1. The offence with which the C/YP has been charged is a specified offence
2. The appropriate custodial term for the present offence is at least 4 years; and
3. The C/YP satisfies the definition of ‘dangerous offender’: i.e. ‘there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences’

Where these criteria are satisfied the allocating court must send the C/YP to the CC for trial. However, the allocating court should be very slow to find that a C/YP is a ‘dangerous offender’. “Unless it is abundantly clear at the outset that the accused can properly be regarded as ‘dangerous’, the youth court should accept jurisdiction.” It can then send the C/YP to the CC for sentencing on the basis of that they are dangerous offender after having heard all the evidence and convicted the accused.

Question 35

In considering whether it would be in the interests of justice to send a C/YP to the CC along with an adult co-A who has elected trial in the CC, what factors should the adult mags court consider?

Answer 35

• age;
• the age gap between the C/YP and the adult co-A
• how significant the role was that was played by the C/YP
• previous offences of the C/YP

Question 36

Where two C/YP are accused of offences that raise the possibility of long-term detention and it is decided to send one of them to the CC what happens to the other?

Answer 36

The position of each must be considered separately. In contrast to cases involving adult accused one child or young person cannot be sent to the Crown Court for trial merely because another co-accused under the age of 18 is being sent there.