UNIT 7 YOUTH COURT

Question 1

Aims of youth justice system

Answer 1

• Main aim: prevent offending by children and young persons (CDA 1998 s 37(1))
  o All those involved in the youth justice system (inc. solicitors) must have regard to this aim
• Youth court must have regard to the welfare of the juvenile, so the approach differs to an adult court

Question 2

Role of Youth Offending Team?

Answer 2

• YOTs are responsible for coordinating the provision of youth justice services in local areas
• A member of YOT will attend each sitting of the youth court (YC)
  o Usually a member of the Probation Service who is trained in youth justice matters

Question 3

What does the YOT assist the YC with?

Answer 3

1. investigating and confirming the personal circumstances and previous convictions of juveniles;
2. providing support for juveniles who are granted bail;
3. preparing pre-sentence reports; and
4. administering any non-custodial sentence imposed by the youth court

Question 4

Role of parents/guardians

Answer 4

• A juvenile appearing at YC aged under 16 must be accompanied by their parents or guardian during each stage of the proceedings
  o unless the court deems it unreasonable to require such attendance
• For juveniles aged 16 or 17, the court has discretion to make an order requiring parent/guardian attendance
• Parents of guardians who attend the YC play an active role in proceedings
  o Court will want to hear their views (particularly relating to sentencing) and may direct questions to them

Question 5

Who is allowed to attend the youth court?

Answer 5

1. the district judge/youth justices
2. court staff (such as the court clerk and usher)
3. the juvenile and his parents or guardian
4. the CPS representative
5. the juvenile’s solicitor
6. a representative from the YOT
7. members of the press

Question 6

Restrictions on court reporting?

Answer 6

• Restrictions on court reporting: cannot report the name, address or school, or other details which are likely to lead to the identification of the juvenile or any other child or young person (eg witness) involved in the case
  o Restrictions only apply to children or young persons under 18, so end at age 18

Question 7

Lifelong reporting restriction?

Answer 7

• s 78 CJCA 2015: allows for a lifelong reporting restriction in respect of a victim or witness who is aged under 18 during the proceedings
• s 49 CYPA 1933: the court can lift these restrictions either to avoid injustice or, following conviction, if the court is satisfied that it is in the public interest to reveal the juvenile’s identity
  o eg to ‘name and shame’ juveniles if it provides a real benefit to the community (eg public awareness of a prolific offender)
  o This power should not be used as an ‘extra’ punishment imposed on the juvenile

Question 8

Role of legal rep?

Answer 8

• The solicitor plays the same role as when representing adult offenders
• Representation orders are applied for in the same manner as in the adult court and are determined by the Legal Aid Agency applying the same interests of justice test
  o Important: Legal Aid Agency must take into account the age of the juvenile when deciding if the representation order should be granted
  o Re: means test, all juveniles under 18 will be automatically eligible regardless of their actual means

Question 9

Where do youth court hearings take place?

Answer 9

YC is part of the magistrates’ court system, so YC hearings take place before either a district judge or a bench of youth justices
* YC deals with cases involving Ds aged between 10-17 inclusive (ie 10-under 18)
* Subject to criminal law in the same way as adults
* Presumption: children under 10 cannot be guilty of committing a criminal offence

Question 10

Children vs youth vs juveline?

Answer 10

o ‘children’ - 10-13 inclusive
o ‘young people’ - 14-17 inclusive
o Relevant in sentencing powers of the court
o NB. collectively juveniles referred to as ‘youths’ or ‘juveniles’
 BUT NOTE:
 juveniles at police station = suspect who is, or appears to be, under 18
 juvelines at YC = under 18

Question 11

What is a persistent young offender?

Answer 11

a juvenile who has been sentenced on 3 separate occasions for one or more recordable offences
o recordable offence = any offence for which a juvenile may receive a custodial sentence
o PYO will have their case expedited so the YC may deal with them as quickly as possible

Question 12

How is the courtroom/language made less formal?

Answer 12

o everyone sits at the same level
o juvenile usually on a chair in front of the CPS representative and his own solicitors, in full view of the mags
o straightforward language
o juvenile (and child witnesses) spoken to by first name
o witnesses ‘promise’ rather than ‘swear’ to tell the truth
o child witnesses under 14 must give unsworn evidence (NB. same as MC)
o emphasis is placed on there being as much communication as possible between the mags, the juvenile, and his parent or guardian
* Mags receive special training in youth justice matters before being allowed to sit in the YC

Question 13

What is the term used instead of ‘conviction’?

Answer 13

Finding of guilt

Question 14

Procedural and evidential issues?

Answer 14

mags issue the same standard directions
o Exception: where the case involves a PYO, the mags will issue revised directions to ensure that an expedited trial takes place
o Whether or not standard directions are issued, the YC will follow the same procedure as a trial before the adult MC

Question 15

If a juvenile is charged at 17, but turns 18 prior to their first appearance at YC?

Answer 15

the court does not have jurisdiction to deal with them → must be dealt with by MC, subject to MC sentencing powers

Question 16

If a juvenile first appears at YC before turning 18, but turns 18 whilst the case is ongoing?

Answer 16

YC may either remit the case to the MC or retain the case
 If YC retains the case, they can apply the full range of sentencing powers that adult MC could order

Question 17

Determining mode of trial for juveniles - initial steps

Answer 17

o Starting point: most trials of juveniles should take place at YC
o 5 circumstances where a juvenile’s case either must or may be sent to an adult court (MC or CC):

Question 18

1. Homicide cases

Answer 18

 case must be dealt with by CC

Question 19

2. Firearms offence

Answer 19

 where juvenile is at least 16 at the time of the offence, the case must be sent to CC

Question 20

3. Grave crimes

Answer 20

 = offences for which an offender aged 21 years or over may receive a MAXIMUM custodial sentence of 14 years or more (eg robbery, rape, assault by penetration, s 18 GBH), or a number of sexual offences (eg sexual assault)
 YC may accept jurisdiction in a case involving a grave crime or send it to CC
 YC should send the case to CC only if it considers that its maximum sentencing powers would be insufficient in the event of conviction, and that a sentence for a long-term detention would be more appropriate
 NB. YC powers: 24-month (2 year) detention and training order

Question 21

4. Specified offences

Answer 21

 Juvenile charged with an offence of violence or a sexual offence may be sent to CC, IF they are regarded as a ‘dangerous offender’
 ie if the court considers that the criteria would be met for imposing
 automatic life imprisonment,
 discretionary life imprisonment, or an
 extended sentence,

Question 22

5. Jointly charged with an adult - Adult’s case dealt with in CC

Answer 22

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

Question 23

Jointly charged with an adult - Adult’s case is in MC

Answer 23

 The adult and juvenile will be tried together in the adult MC
 If juvenile is convicted, MC will normally remit their case to YC for sentence unless they propose to deal with the matter by way of a fine or discharge (then MC would sentence)

Question 24

When does the plea before venue and allocation procedure apply?

Answer 24

o This procedure applies to the cases listed above where the court may send the juvenile’s case to the Crown Court
 ie 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 25

If J indicates a guilty plea?

Answer 25

YC will either sentence J or send them to CC for sentence if sentencing powers are inadequate

Question 26

If J indicates non-guilty plea?

Answer 26

a similar allocation procedure will be followed to that in MC for an either-way offence
 YC will only decline jurisdiction and send the case to CC for trial if sentencing powers would be inadequate if convicted
 J has no right of election
 If YC accepts jurisdiction, it must take place at YC

Question 27

Powers of youth court for bail?

Answer 27

power to remand juveline:
1. on bail (with or without conditions)
2. into local authority accommodation or
3. in the case of 17-year-olds, into custody

Question 28

In deciding, YC will normally have a report from the YOT providing details of J’s…..

Answer 28

o antecedents,
o record in relation to previous grants of bail,
o home situation,
o attendance record at school, college or work

Question 29

Consequences of refusal of bail?

Answer 29

• If refused bail, J may be remanded to local authority accommodation or to youth detention accommodation

Question 30

When will a juvenile be sent to Youth Detention Accomodation?

Answer 30

o This is a remand to accommodation provided by or on behalf of a local authority
o NB. can sometimes include a return home but under the care of the local authority
o 10-11 year olds may only be remanded on bail or to local authority accommodation; NOT youth detention accommodation – ie only 12+
 If J turns 12 during the course of a remand, it is possible that they may then be remanded to youth detention accommodation at the next court appearance if relevant conditions are met (below)

Question 31

Youth detention accommodation - starting point?

Answer 31

o Starting point: YC must first consider the best interests and welfare of J, AND there is a presumption that children between 12-17 will be remanded into local authority accommodation rather than youth detention centre

Question 32

4 conditions of youth detention accom

Answer 32

1. J must be aged 12 to 17 years
2. J must usually have legal representation
3. EITHER:
4. The offence must be 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 OR
5. J has a ’recent and significant history’ of absconding whilst remanded to local authority accommodation or youth detention accommodation, or a ‘recent a significant history’ of committing imprisonable offences whilst on bail or remand to local authority accommodation or youth detention accommodation
6. Court must believe that a remand to YDA is necessary either to protect the public from death or serious personal injury (physical or psychological) occasioned by further offences by J, or to prevent the commission by J of further imprisonable offences, and that the ‘risk posed by the child cannot be managed satisfactorily in the community’

Question 33

Sentencing - key considerations

Answer 33

• Before J ever comes before a YC, they will likely have been through the formal system of youth cautions
• In sentencing, YC must balance the seriousness of the offence (and J’s previous record) with the welfare requirements of J
• The court must at all times have regard to the principal aim of preventing offending

Question 34

Sentencing procedure

Answer 34

• Similar to adult MC
• CPS representative will give the facts of the case to mags (assuming J pleaded guilty rather than having been convicted following a trial), and J will then give a plea in mitigation
• Court is likely to want to hear from parent or guardian before sentencing

Question 35

What is the pre-sentence report?

Answer 35

o YC must usually obtain this report before sentencing J
o Court is likely to indicate the type of sentence it has in mind when it orders a report, and the report will address J’s suitability for that type of sentence
o Court places emphasis on the contents of the report when deciding the sentence
o YC may either adjourn the sentencing hearing to enable YOT to prepare the report, or may ask the member of YOT who is present to prepare a ‘stand down’ report so that sentencing takes place without the need for adjournment

Question 36

When must a referral order be made?

Answer 36

• A referral order must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence) and who has never previously been convicted or bound over by a court, unless the court is proposing either to impose a custodial sentence or to make an absolute discharge

Question 37

Referral order - if D makes a mixed plea?

Answer 37

• Cannot be made unless J pleads guilty
  o NB. if J enters a mixed plea, the court has the power to make a referral order but is not obliged to
• Court may also make a second referral order in exceptional circumstances

Question 38

What happens when a court makes a referral order?

Answer 38

• If court makes a referral order, J will be referred to a ‘youth offender panel’, comprising a member of YOT and 2 community volunteers; they speak to J and their family with the view to:
  1. stopping any further offending;
  2. helping the juvenile right the wrong they did to their victim; and
  3. helping the juvenile with any problems they may have.
  o The panel will agree with J a ‘youth offender contract’ = programme to prevent J re-offending which will last between 3-12 months
   The terms of the contract are agreed between the juvenile and the panel members, rather than by the youth court

Question 39

What is a youth offender contract?

Answer 39

o The panel will agree with J a ‘youth offender contract’ = programme to prevent J re-offending which will last between 3-12 months
 The terms of the contract are agreed between the juvenile and the panel members, rather than by the youth court

Question 40

What is a Youth Rehabilitation Order?

Answer 40

• Equivalent to a generic community order for adult offenders
• Allows court to include one or more requirements to achieve punishment for the offence, protection to the public, reduction in re-offending, and reparation (for a period of up to 3 years)
• Requirements are similar, but not exact, to those attached to an adult community order

Question 41

What is a detention and training order?

Answer 41

• This is the only type of custodial sentence YC can impose
• YC should not impose a DTO unless the offence (or the combination of the offence and one or more offences associated with it) is so serious that neither a fine alone nor community sentence can be justified
• The court must consider whether a YRO with intensive supervision and surveillance is appropriate
  o Court must state reasons why such a YRO would be inappropriate

Question 42

Limitations of a JTO?

Answer 42

• DTOs cannot be imposed on Js aged 10 or 11
• If J is between 12-14 inclusive, an order may only be made if the court considers that J is a ‘persistent youth offender’ (PYO)
• If J is 15+, there is no restriction on making this order

Question 43

Can a YC suspend a DYO?

Answer 43

NO

Question 44

Timing for a DYO?

Answer 44

: DYO may be ordered to run for at least 4 months but must not exceed a total of 24 months - court has flexibility in length of sentence
o Length of the order must also be for the shortest period of time the court considers commensurate with the seriousness of the offence, or the offence and one or more offences associated with it
o DYO may be imposed if the court has received from the YOT a pre-sentence report that specifically

Question 45

Where will the J be held if a DYO is ordered?

Answer 45

• When DYO is ordered, J will be held in detention in a young offender institute for one half of the period of the order
  o They will then be released into the community under supervision of the YOT for the second half
  o Degree of supervision depends upon the YOT (not the court) but is likely to include electronic monitoring and intensive supervision
• If a J breaches the supervision element of their sentence, there can be further punishment

Question 46

Appeals jurisdiction from YC

Answer 46

• As YC is a type of magistrates’ court, a juvenile convicted or sentenced by YC has the same rights of appeal as a D who is convicted or sentenced by the adult magistrates’ court
• youth court can impose a fine on a youth aged under 16 but it must order that the fine be paid by the parents.