Unit 7 – Youth Court

Question 1

What are the principal aims of the youth justice system?

Answer 1

1) Prevent offending by children & young persons

2) Welfare of the juvenile

Question 2

Role of parents / guardians

Answer 2

• A juvenile appearing before the youth court who is aged under 16 must be accompanied by their parents or guardian during each stage of the proceedings, unless the court is satisfied that it would be unreasonable to require such attendance.
• For juveniles aged 16 or 17, the court has a discretion as to whether to make an order requiring the attendance of the juvenile’s parents or guardian.
• Parents/guardians who attend the youth court play an active role in the proceedings. Court will want to hear their views and may direct questions to them.

Question 3

Who are allowed into the hearing in a youth court?

Answer 3

(a) The district judge/youth justices
(b) Court staff (like court clerk and usher)
(c) The juvenile and his parents or guardian
(d) CPS representative
(e) Juvenile’s solicitor
(f) Representative from the YOT
(g) Members of the press.

Question 4

What are the reporting restrictions in the youth court?

Answer 4

• Press is restricted in what they are allowed to report about a hearing before the youth court. Note, they are allowed within the court room.

– Cannot report the name, address, school or any other details which can lead to identification of the youth or any other child / young person (i.e., witness) involved.

– Press restrictions end automatically when they reach 18.

• S 78 Criminal Justice and Courts Act 2015 = A lifelong reporting restriction in respect of a victim/witness who is under age of 18 during the proceedings.
• S 49 Children and Young Persons Act 1933 = Allows the court to lift these restrictions either to avoid injustice, or following conviction, the court is satisfied that it is in the public interest to reveal the juvenile’s identity.

– Courts should only use this ability to ‘name and shame’ where it would provide real benefit to the community, such as making the public aware of the identity of a prolific offender.

– Should not be used as an ‘extra’ punishment imposed on the juvenile.

Question 5

Basics of youth court

Answer 5

• Youth court part of the magistrates’ court system.
• A hearing in the youth court takes place before either a district judge or a bench of youth justices.
• Court deals with cases involving defendants aged between 10 and 17 (inclusive).
• Children aged 10 and over are subject to the criminal law in the same way as adults.
• For children aged under 10, there is a conclusive presumption that children under the age of 10 cannot be guilty of committing a criminal offence.
• Children = Juveniles between 10 and 13 inclusive.
• Young people = Juveniles between 14 and 17 inclusive.
• Collectively, juveniles in the youth court are referred to as youths or juveniles.

NOTE – There is a difference between definition of juveniles at court and at the police station:

 Court = juveniles means someone under 18 years old.
 Police station = juvenile means a suspect who is or appears to be under 18 years of age.

Question 6

What is a Persistent Young Offender? (PYO)

Answer 6

• Home Office categorises a PYO as a juvenile who has been sentenced on 3 separate occasions for one or more offences which could carry a custodial sentence for a juvenile.

– “Recordable offence” = any offence for which a juvenile may receive a custodial sentence.

• A PYO will have their case expediated so the youth court may deal with them as quickly as possible.

– Magistrates will issue revised directions to ensure an expediated trial takes place.

Question 7

What modifications are put in place for the juvenile?

Answer 7

• Layout of the court room is less formal, all participants in the case sitting at the same level rather than there being a raised dock or bench.
• Juvenile will sit on a chair in front of the CPS representative and his own solicitor, in full view of magistrates.
• Straightforward language is used rather than legal terminology.
• Solicitors remain seated when addressing the court.
• Juveniles and any child witnesses addressed by the first name.
• Witnesses ‘promise’ rather than swear’ to tell the truth. Child witnesses must give unsworn evidence.
• Magistrates receive special training before sitting in a youth court.
• Use of softer language e.g., a finding of guilt instead of a conviction and an ‘order on the finding of guilt’ instead of a sentence.

Question 8

Age at the youth court – If juvenile charged at 17 but turns 18 prior to first appearance ..

Answer 8

• If a juvenile is charged with an offence when aged 17, but turns 18 prior to their first appearance in the youth court, the court does not have jurisdiction to deal with them and the case must be dealt with in the adult magistrates court.

Question 9

Age at the youth court – If juvenile makes his first appearance in youth court before 18th birthday, but becomes 18 while the case is ongoing …

Answer 9

• If the juvenile makes his first appearance in the youth court before their 18th birthday, but becomes 18 while the case is ongoing, the youth court may either remit the case to the adult magistrates’ court or retain the case.

– If the youth court retains the case, it will have the full range of sentencing powers that the adult magistrates’ court would have were it dealing with the juvenile

Question 10

Most trials of juveniles should take place in the youth court. What are the 5 situations where the case either must or may be sent to an adult court?

Answer 10

MUST:

(a) Homicide offences

• Murder or manslaughter cases must be dealt with in Crown Court.

(b) Firearms offences

• Where juvenile is 16 at the time of the alleged offence, firearm cases must be sent to Crown Court.

MAY:

(c) Grave crimes

• “Grave crimes” = Offences for which an offender aged 21 years or over may receive a custodial sentence of 14 years or more (e.g., robbery, rape, assault by penetration, s 18 GBH), together with a number of specific sexual offences, including sexual assault.
• Youth court may accept jurisdiction in a case involving a grave crime or send such a case to the Crown Court for trial.

 Youth court should send for trial a case involving a grave crime only if it considers that its maximum sentencing powers (a 24-month detention and training order) will be insufficient in the event the juvenile is convicted, and that a sentence of long-term detention would be more appropriate.

(d) Specified offences

• Where a juvenile is charged with an offence of violence or a sexual offence their case may be sent to the Crown Court, but only where they can properly be regarded as a ‘dangerous offender’.

 I.e., where it appears to the court that the criteria would be met for the imposition of automatic life imprisonment, discretionary life imprisonment or an extended sentence, the juvenile is likely to have their case sent to the Crown Court.

(e) Jointly charged with an adult

 Adult’s case dealt with in Crown Court:

 A juvenile may also be sent to the Crown Court, but only where this would be regarded as necessary in the interests of justice.

 Adult’s case dealt with in the magistrates’ court:

 If the adult is to be tried in the magistrates’ court, the adult and juvenile will be tried together in the adult magistrates’ court.

 If the juvenile is convicted, the magistrates will normally remit their case to the youth court for sentence unless they propose to deal with the matter by way of a fine or a discharge, in which case they will usually sentence the juvenile themselves.

Question 11

In what circumstances will the juvenile be asked to indicate their plea?

Answer 11

Only applied to the cases listed above where the court MAY send the juvenile’s case to the Crown Court.

• E.g., For grave crimes, specified offences and where a juvenile is charged with an adult whose case is to be dealt with in the Crown Court, the juvenile will be asked to indicate their plea.

Question 12

Does the juvenile have a right of election? (i.e., between magistrates and crown?

Answer 12

NO. If the youth court accepts jurisdiction, the trial must take place in the youth court.

Question 13

Youth court has the power to remand a juvenile to …

Answer 13

(a) On bail (with or without conditions)
(b) Into local authority accommodation or
(c) In the case of 17-year-olds into custody.

• YOT provides the youth court a report of the juvenile’s antecedents and also their record in relation to previous grants of bail, their home situation & attendance record at school, college or work.

– This is used to decide whether or not to grant bail.

Question 14

Where a court refuses bail, where can the juvenile be remanded?

Answer 14

1) Local authority accommodation

2) Youth detention accommodation

Question 15

1) Local authority accomodation (10-11 yr olds can only be remanded into local authority accomodation)

Answer 15

– 10 – 11 yr olds can only be remanded on bail or to local authority accommodation. They cannot be remanded to youth detention accommodation.

– If a juvenile reaches the age of 12 during the course of a remand, it is possible that they may be remanded to youth detention accommodation at the next court appearance if the relevant conditions are met.

Question 16

2) Youth detention accomodation (12 yr old to 17 yr old only )

Answer 16

• Starting point is that the court must first consider the best interests and welfare of the child, and s 158 introduces a presumption that children between 12-17 will be remanded into local authority accommodation rather than youth detention accommodation.

4 conditions must be met for a remand to youth detention accommodation to take place:

1. The juvenile must be aged 12 – 17 years.
2. The juvenile must usually have legal representation.
3. The offence is either a violent or sexual offence, or one for which an adult could be punished with a term of imprisonment of 14 years or more and that it is ‘very likely the child will receive a custodial sentence for the present offence.

 Alternatively, the juvenile will need to have a recent and significant history of absconding whilst remanded to local authority accommodation or youth detention accommodation; or

 A recent and significant history of committing imprisonable offences whilst on bail or remand to local authority accommodation or youth detention accommodation.

4. The court must believe a remand to youth detention accommodation is necessary either to:

• protect the public from death or serious personal injury (physical or psychological) occasioned by further offences committed by the juvenile or;
• to prevent further imprisonable offences, and
• the risk posed by the child cannot be managed satisfactorily in the community.

Question 17

when sentencing, what must the court have regard to?

Answer 17

1) Principal aim of preventing offending

2) Welfare of young person

Question 18

What is the sentencing procedure?

Answer 18

1) Pre-sentence report is provided by the youth offending team

Question 19

Sentences which can be passed on a juvenile offender …

Answer 19

1) referral order
2) Youth rehabilitation order
3) Detention & training order

Question 20

1) Referral order

Answer 20

• Must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence) and who has never previously convicted or bound over by a court, unless the court is proposing either to impose a custodial sentence or to make an absolute discharge.
• Referral orders cannot be made unless the juvenile pleads guilty to the offence with which they have been charged.

 If the juvenile has entered a mixed plea (i.e., guilty to one or more offences but not guilty to others), the court has the power to make a referral order but is not obliged to do so.

 Court may also make a second referral order in exceptional circumstances.

• If a referral order is made, the juvenile will be referred to a ‘youth offender panel’.

 Panel comprises of a member of the YOT and 2 community volunteers.

 At the meetings, the panel will speak to the juvenile and their family with a view to:

(a) Stopping any further offending;
(b) Helping the juvenile right the wrong they did to their victim; and
(c) Helping the juvenile with any problems.

• Panel will agree with the juvenile a ‘youth offender contract’. This is a programme of behaviour designed to prevent the juvenile re-offending and will last between 3 and 12 months.

 Terms of the contract are agreed between the juvenile and the panel members rather than the youth court.

Question 21

2) youth rehabilitation orders

Answer 21

• Equivalent to a generic community order for adult offenders.
• Allows the court to include one or more requirements to achieve punishment for the offence, protection of the public, reduction in re-offending and reparation (for a period of up to 3 years).

Question 22

3) Detention and Training Orders

Answer 22

• Only type of custodial sentence that the youth court has the power to impose.
• Should not be imposed unless the court believe the offence (or offences) is so serious that neither a fine alone nor a community sentence can be justified for the offence.
• Court must also consider whether a YRO with intensive supervision and surveillance is appropriate.

– Court would need to state the reasons why such a YRO was inappropriate.

Ages – Detention & Training orders:

• Detention and training orders cannot be imposed on juveniles aged 10 or 11.

– If a juvenile is aged between 12 and 14 inclusive, an order may only be made if the court considers that the juvenile is a persistent young offender. (PYO)

– For juveniles aged 15 or over, there is no restriction on the making of such an order.

• Court has no power to suspend a detention and training order for a juvenile.
• Detention and training orders may be ordered to run for at least 4 months but not exceed a total of 24 months.

 Length of the order must also be for the shortest period of time the court thinks is commensurate with the seriousness of the offence, or the offence and one or more offences associated with it.

• Detention and training order may be imposed only if the court has received from the YOT a pre-sentence report that specifically addresses custody as a possible sentencing option.

– If an order is made, juvenile will be held in detention in a young offender institution for 1 half of the period of the order.

– Then they’re released into the community under the supervision of the YOT for the second half of the order.

– Degree of supervision is decided upon by the YOT (not the court). Likely to include electronic monitoring & intensive supervision.

– Juvenile offender who breaches the supervision element of their sentence can be further punished for the breach.

Question 23

Can the youth court impose a fine on a youth under 16?

Answer 23

the youth court can impose a fine on a youth aged under 16 but it must order that the fine be paid by the parents.

Question 23

Age restrictions on detention & training orders:

Answer 23

• Detention and training orders cannot be imposed on juveniles aged 10 or 11.

 If a juvenile is aged between 12 and 14 inclusive, an order may only be made if the court considers that the juvenile is a persistent young offender. (PYO)

 For juveniles aged 15 or over, there is no restriction on the making of such an order.