Unit 7 - Youth Court Procedure Flashcards
A boy, aged 16, has been jointly charged with a man, aged 18. They have been charged with an offence of theft of goods valued at £350 from a shop. The man consents to have his trial dealt with in the magistrates’ court.
In which court will the boy’s trial take place?
A) The trial may take place in the magistrates’ court or the youth court. The boy does not have a right of election to have his trial dealt with in the Crown Court.
B) The trial may take place in the magistrates’ court although the boy also has a right to elect trial in the Crown Court since he is charged with an either-way offence.
C) The trial must take place in the magistrates’ court, although if convicted the boy may be sentenced in either the magistrates’ court or have his case remitted for sentence to the youth court.
D) The trial must take place in the magistrates’ court as the boy has no right of election since he is charged with a summary-only offence.
E) The trial may take place in the magistrates’ court or the youth court depending on where the magistrates’ court believe it will be in the interests of justice for the boy’s case to be dealt with.
CORRECT ANSWER C -
Option C is the correct answer. If the adult is to be tried in the magistrates’ court, the adult and juvenile must be tried together in the adult magistrates’ court. If the boy is convicted, the magistrates will normally remit the 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 boy themselves.
Option A is wrong. Although it is correct to say the boy does not have a right of election
to have his trial in the Crown Court, the case must, not may, be dealt with in the adult magistrates’ court. Option B is also wrong for the same reason given for option A, but also because a juvenile will never have a right of election to have their trial in the Crown Court, even though the boy has been charged with an either-way offence. Option D is wrong because although it is correct to say the case must be tried in the magistrates’ court, this is not a summary-only offence (the value of the goods stolen is not under £200). Option E is wrong because the magistrates do not have any discretion where the boy’s case can be tried, although they do have a discretion where he can be sentenced if he is convicted.
A girl, aged 13, has been charged with an offence of assault. It is alleged that she assaulted a teacher at school. When interviewed about the offence, the girl denied the assault and wrongly claimed the teacher had sexually assaulted her. The girl is to appear in the youth court and having received legal advice, now intends to plead guilty. The girl received a youth caution for an offence of assault on a fellow pupil two months ago and a conditional caution for an offence of criminal damage one month ago. The youth court will not take the view that the custody threshold has been met for this offence, nor will they deal with it by way of an absolute discharge.
Will the girl receive a referral order when she appears in the youth court?
A) Yes, because she will plead guilty to the offence and she has never previously been convicted or bound over by a court.
B) No, because the girl will now be classed as a persistent young offender and so will not be eligible to receive a referral order.
C) Yes, because the court has a discretion to impose such an order where the girl indicates a guilty plea.
D) No, because the offence will be regarded by the youth court as being too serious given the girl’s wrongful allegation against the teacher.
E) No, because the girl did not make an early admission of guilt when first interviewed by the police.
CORRECT ANSWER A - A referral order must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence which assault does) 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. Referral orders cannot be made unless the juvenile pleads guilty to the offence with which they have been charged. In this case, we are told the girl will plead guilty, she has no previous convictions and the court is not proposing either to impose a custodial sentence or to make an absolute discharge.
Option B is wrong because the girl will not be classed as a PYO as she does not yet have any previous convictions recorded against her (only two youth cautions). Option C is wrong because the youth court does not have a discretion – they must impose such an order (subject to the qualifications mentioned above which do not apply here.) Option D is wrong because we are told the offence does not meet the custody threshold, so a referral order must be made, even though the girl’s wrongful allegation against the teacher is an aggravating factor in the case. Option E is wrong because the eligibility for a referral order is based on a guilty plea in court, not for an early admission of guilt when first interviewed by the police.
A boy, aged 11, has been charged with an offence of sexual assault. It is alleged that he sexually assaulted another pupil at school. The boy will plead not guilty to the offence when he makes his first appearance in the youth court. The boy will be legally represented in court. The boy has a previous conviction for sexual assault for which he received a referral order nine months ago, along with a youth caution for an offence of common assault. The boy is estranged from his parents and is currently under the care of the local authority.
Which of the following best describes whether the prosecution is likely to seek a remand into youth detention accommodation when the boy’s case is adjourned for trial?
A) The prosecution is likely to seek a remand into youth detention accommodation as the boy is legally represented and is charged with committing a sexual offence.
B) The prosecution will not seek a remand into youth detention accommodation as the boy is under the age of 12 years.
C) The prosecution is likely to seek a remand into youth detention accommodation as the boy is legally represented and has a recent and significant history of committing imprisonable offences.
D) The prosecution is unlikely to seek a remand into youth detention accommodation as the risk posed by the boy is likely to be able to be managed satisfactorily in the community.
E) The prosecution is likely to seek a remand into youth detention accommodation as the boy is legally represented and it is very likely the boy will receive a custodial sentence for the present offence if convicted.
CORRECT ANSWER B - A child under the age of 12 cannot be remanded into youth detention accommodation and so all the other options are wrong. Even if the boy were over the age of 12 years, there are three further conditions that must first be met, and although the other options refer to some of these conditions, they do not accurately deal with all of them.
A 17-year old assaulted her brother on the 1st January. She is charged with common assault on the 1st February. She pleaded not guilty to common assault at her first court appearance on the 1st March. She was tried on the 1st April and was found guilty. She was sentenced on the 1st May. Between 1st January and 1st May, the defendant turns 18.
What is the relevant date that decides whether the defendant’s case will be heard in the youth court or the magistrates’ court?
A) 1st January
B) 1st February
C) 1st March
D) 1st April
E) 1st May
CORRECT ANSWER C - The relevant date is the first date that the defendant is before the court. As long as the defendant is still 17 on the 1st March when she pleads not guilty, the youth court will still have jurisdiction on her case even if the defendant turns 18 before trial or sentence.
Abigail, 17, Bianca, 16, Charlie, 15 and Deborah, 14 are all arrested for shoplifting a makeup bag worth £20 from a beauty shop. All four are charged with theft even though Charlie and Deborah never entered the shop. The prosecution case is that Charlie and Deborah acted as look outs for Abigail and Bianca. The day before all 4 of the defendants are due in court for their first appearance, Abigail turns 18. She pleads not guilty to the theft as do Bianca, Charlie and Deborah. None of the defendants have previous convictions, cautions, reprimands or warnings.
Which TWO of the following statements are correct?
A) Charlie and Deborah should not have been charged with theft as they never entered the shop.
B) Abigail cannot elect Crown Court trial because the value of the bag that was allegedly stolen is less than £200.
C) If Abigail’s trial is heard in the Crown Court. the magistrates could send Bianca, Charlie and Deborah’s case to the youth court for trial.
D) It is legally possible for any one of the defendants to be refused bail.
E) It is legally possible for any one of the defendants to receive a custodial sentence.
CORRECT ANSWERS C & D - Statement C is correct because the court will only send the youths to the Crown Court for trial if it is the interests of justice to do so. If it is not, Abigail could have a trial in the Crown Court and the youths could have a separate trial in the youth court.
Statement D is correct because it is legally possible for anyone to be refused bail for an imprisonable offence if there are substantial grounds to believe that they will commit further offences, interfere with witnesses, fail to attend court or for their own welfare. It is extremely unlikely that a court would find that to be the case given the defendants have no previous convictions. However, it is technically possible. In any event, Bianca, Charlie and Deborah would only be remanded into the care of the local authority as they do not pass the criteria for a remand into secure accommodation.
Statement A is wrong because Charlie and Deborah can be charged as accomplices.
Statement B is wrong because although the magistrates cannot refuse jurisdiction on a shop theft of less than £200, a defendant can still elect Crown Court trial.
Statement E is wrong because Deborah is under 15 and therefore can only receive a custodial sentence if she is a persistent young offender. We know that Deborah has no previous convictions so cannot be a persistent young offender.
Liam is 15 and the son of a premier league footballer earning £100,000 per week. Liam is charged with a robbery. He pleads not guilty and the trial is listed before the youth court.
TRUE OR FALSE:
Liam is unlikely to be eligible for a legal aid representation order because of his father’s income.
FALSE - n the youth court, there is no means criteria for the grant of a legal aid representation order. Therefore, the wealth of Liam’s parents is not counted when assessing his eligibility for legal aid. The only criteria would be whether it is the interests of justice for Liam to be legally represented before the youth court. Given that Liam is only 15 years of age, has been charged with a serious offence, robbery, and there will be trial, Liam is very likely to be awarded legal aid.
Which ONE of the following statements is correct in relation to a youth charged with a homicide offence?
A) A youth who is charged with murder or manslaughter must be sent to the Crown Court.
B) A youth who is charged with murder or manslaughter must be remanded into secure accommodation.
C) A youth who is charged with murder or manslaughter must be granted a legal aid representation order.
D) A youth who is found guilty of murder or manslaughter must receive a custodial sentence.
E) A youth who is found guilty of murder or manslaughter must appeal if convicted.
CORRECT ANSWER A - If a youth defendant is charged with either murder or manslaughter, the youth court must send the youth defendant to the Crown Court. The youth court has no discretion to deal with the case.
Statement B is wrong because a 10 or 11-year old cannot be remanded into secure accommodation no matter the charge they face. The youth defendant would be likely to be remanded into local authority accommodation, but it would not be secure accommodation.
Statement C is wrong because the youth defendant would still have to pass the interests of justice criteria before being granted legal aid. In almost every case, the youth defendant would be granted a representation order, but it is not granted automatically.
Statement D is wrong because although a youth defendant must receive a sentence of detention during Her Majesty’s pleasure (effectively a life sentence), the Crown Court has discretion as to what punishment it will impose for manslaughter. The court could, in some cases, decide not to impose a custodial sentence at all. This might occur where the youth defendant is particularly young or the culpability of the youth defendant is particularly low, e.g. a 12-year old punches a classmate in a schoolyard fight and kills the victim accidentally.
Statement E is wrong because a youth defendant does not have to appeal a conviction for murder. If the youth defendant does wish to appeal, they would appeal to the Court of Appeal as an adult would.
Demi, aged 15 appears before the youth court.
Which ONE of the following people would likely NOT be allowed in the courtroom while Demi’s case is heard?
A) Demi’s mother.
B) Demi’s guardian.
C) Demi’s best friend.
D) Demi’s social worker.
E) Demi’s care home worker.
CORRECT ANSWER C - because all other people would normally be allowed to come into the youth court while Demi’s hearing takes place other that Demi’s best friend. Anyone, who has caring responsibilities for Demi will normally be allowed into the youth court. This would include a parent, a guardian or even someone, who has only part-time responsibility for Demi such as a social worker or a care home worker. Demi’s friend would not normally be allowed in court. However, the youth court may still allow Demi’s friend in if there was a very good reason, e.g. Demi’s friend is an adult and Demi’s parents were unavailable.
Alfie, aged 17 left his house wearing a balaclava and a carrying a knife, looking for someone to rob. He hid in an alleyway and jumped out when he heard someone come around the corner. As Alfie jumped out, he realised that the person who was coming around the corner was a police officer, so he ran away. The police officer chased Alfie and caught up with him. He stopped and searched Alfie and found the knife on him. The police officer arrested Alfie for attempted robbery. Alfie denied the offence in the police interview. He was kept in custody by the police and is now before the youth court. Alfie has no previous convictions.
Which ONE of the following statements is correct?
A) The youth court cannot find that Alfie’s offence is a grave crime because he has been charged with attempted robbery, an incomplete or inchoate offence.
B) The youth court must treat Alfie the same as an adult in respect to bail, because he is 17 years of age.
C) The youth court cannot remand Alfie into secure accommodation because attempted robbery is not a violent offence for which an adult could be sentenced to a term of imprisonment of 14 years or more.
D) The youth court must follow the recommendation of the Youth Offending team when considering bail.
E) The youth court must hear Alfie’s trial if the court does not believe that Alfie is likely to receive substantially more than 2 years in custody and he is not a dangerous offender.
CORRECT ANSWER E - The youth court can only send Alfie’s case to the Crown Court if the offence is one where he is likely to receive substantially more than two years in custody for the offence or he is considered to be dangerous. In all other circumstances, the youth court must keep the case because the youth court is the preferred jurisdiction in which to hear youth cases.
Option A is wrong because the maximum sentence for attempted robbery is the same as robbery. It can therefore be a grave crime, because the maximum sentence for an adult for robbery is life imprisonment.
Option B is wrong because the youth court must consider whether the criteria for a secure remand are met because Alfie is a youth.
Option C is wrong because attempted robbery would be considered a violent offence and, as we have seen, can attract a sentence of 14 years imprisonment or more for an adult offender.
Option D is wrong because although the youth court will consider what the Youth Offending Team say as regards bail, the youth court are not bound by the views of the YOT. The YOT will often create a bail support package, which consists of a number of conditions and measures the YOT can take to support Alfie if the court decide to bail him.
Which ONE of the following would NOT be a properly constituted youth court?
A) One male district judge sitting alone.
B) Three male youth justices.
C) A male and a female youth justice.
D) A male and two female adult justices.
E) A Crown Court judge sitting as a district judge.
CORRECT ANSWER D - All magistrates or justices of the peace must have youth court training before they can sit as youth magistrates. It does not matter how many adult magistrates there are, they will not be able to sit as a youth court without the appropriate training. In all the other options the court is properly constituted.
In option A, a district judge of whatever gender can sit in the youth court.
In Option B the gender of the magistrates is irrelevant as to whether the youth court is properly constituted. (Before 2016, there needed to be at least one male and one female magistrate).
In Option C although a youth court bench, like an adult magistrate bench, is usually made up of three magistrates, two are sufficient.
In Option E a Crown Court Judge can also sit as a district judge.
Saiema is 14 years of age. She has just been charged with common assault on her mother while on bail for causing criminal damage to her mother’s house. Six months previously, Saiema received a referral order for assaulting a schoolmate and is currently on a youth rehabilitation order for burgling a neighbour’s shed.
Which ONE or MORE of the following criteria would the youth court need to take into account before deciding whether to remand Saiema into youth detention accommodation?
A) The Bail Act 1976.
B) Whether Saiema is legally represented.
C) The fact that Saiema is aged 14 years.
D) Whether the offences of common assault and criminal damage Saiema faces, together with the previous assault and burglary, amount to a recent history of committing imprisonable offences on bail.
E) Whether the court believes that only by remanding Saiema into youth detention accommodation would prevent her from committing further imprisonable offences.
CORRECT ANSWERS ALL - All the options above are relevant in deciding whether Saiema should be remanded into youth detention accommodation. In order to remand Saiema into youth detention accommodation, the youth court must first find whether Saiema should be refused bail based on the same criteria as for adults, i.e. the Bail Act 1976 (Option A). As common assault and criminal damage are summary only offences (if the damage is less than £5,000 for the criminal damage), the rules for remand are stricter. However, this is a domestic incident and Saiema is already on bail, therefore the basic Bail Act remand criteria are likely to be passed.
The next issue is whether Saiema can be remanded just into the care of the local authority or whether this remand should into secure accommodation. The factors here include whether she is legally represented (Option B) and the fact that she is aged 12 or over (Option C). The court must also consider whether Saiema has a recent history of committing offences whilst on bail (Option D). This might be an easier hurdle to jump because Saiema was already on bail for the criminal damage when she committed the assault. Lastly, the youth court must be convinced that only a remand into secure accommodation will stop Saiema from committing imprisonable offences (Option E). This means that if the youth court could remand Saiema to the care of the local authority and they believe that this would be sufficient to stop her from offending, they must not remand Saiema into youth detention accommodation.
Please note that there are also further criteria that the court may be required to consider, so this list is not exhaustive but it covers some of the key criteria contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in relation to this scenario.
Which TWO of the following statements are correct about what can and cannot be reported from the youth court?
A) The press can normally report the school that the youth defendant attends.
B) Reporting restrictions are lifelong for an underage witness.
C) Reporting restrictions are lifelong for an underage defendant.
D) The court can lift the reporting restrictions to “name and shame” and punish the defendant.
E) The court can lift the reporting restrictions if it is in the public interest.
CORRECT ANSWER B & E - Option B is correct because section 78 of the Criminal Justice and Courts Act 2015 allows for lifelong reporting restrictions in respect of a victim or witness who is under 18 during the proceedings.
Option E is correct because Section 49 of the Children and Young Persons Act 1933 allows the court to lift reporting restrictions if it is in the public interest to reveal the young defendant’s identity.
Option A is wrong because the press cannot normally report any details that may lead to the identity of a young defendant and that includes their school.
Option C is wrong because reporting restrictions that apply to young defendants end when they reach 18 years of age.
Option D is wrong because although the court can reveal a young defendant’s identity to “name and shame “them, they can only do that if it will provide a real benefit to the community and not to punish them.
A big fight involving a large group of people takes place in a town centre on a Friday night. An adult and youth are jointly charged with offences committed during this incident. The adult is charged with causing grievous bodily harm with intent (section 18 Offences Against the Person Act 1861) on one victim. The youth is charged with inflicting grievous bodily harm (section 20 Offences Against the Person Act 1861) on another victim.
Both appear jointly charged before the same magistrates’ court on the same day and intend on pleading not guilty. Neither the adult nor the youth have any previous convictions. The magistrates’ court believes that it will be in the interests of justice for both to have their cases dealt with together in the Crown Court.
Should the magistrates’ court send the youth to the Crown Court for trial?
A. Yes, because the youth might be a dangerous offender.
B. Yes, because the youth is charged with a grave crime.
C. Yes, because the court believes it is the interests of justice to do so.
D. No, because section 20 of the Offences Against the Person Act 1861 is not a grave crime.
E. No, because the victims in the offences are not the same.
CORRECT ANSWER C - . The magistrates can send the youth to the Crown Court if it is in the interests of justice to do so. If it is not, then the youth should be sent to the youth court to be tried separately.
Option A is wrong because the youth is very unlikely to be found to be dangerous given that this offence is a section 20 matter and the youth has no previous convictions.
Option B is also wrong because this offence is not capable of being regarded as a grave crime.
Option D is wrong because although section 20 is not capable of being a grave crime, the offence should still be sent to the Crown Court if it is in the interests of to keep the adult and the youth together.
Option E is wrong because the adult and youth can be jointly charged even if the victims are different. It may still be in the interests of justice for the youth and adult to be tried together.
A boy aged 12 years with no previous convictions robs a young girl. He appears before the youth court. The robbery falls into a sentencing category, which would mean that an adult defendant is likely to receive a custodial sentence of approximately two years.
What can the magistrates do regarding the boy’s sentencing?
A. Send the boy to the Crown Court for sentencing because robbery is a grave crime.
B. Send the boy to the Crown Court for sentencing so that the Crown Court can impose a sentence of detention.
C. Send the boy to the Crown Court for sentencing as a dangerous offender.
D. Sentence the boy to a detention and training order.
E. Sentence the boy to a referral order.
CORRECT ANSWER E - If a youth defendant has not previously been convicted of an offence and the offence is an imprisonable one, the youth court must impose a referral order unless the court intends to impose a custodial sentence or a discharge. The youth court cannot impose custody because the boy is only 12 and not a persistent offender. Here, we are told that he has no prior convictions.
Option A is wrong because although robbery is a grave crime, the magistrates can only send the boy to the Crown Court for sentence if the court should have the power to sentence him to more than 2 years. Given that the boy pleaded guilty, which would reduce his sentence by a third, and only 12, which would normally reduce any sentence by about a half in comparison to an adult offender, it would not be possible to find that the boy should be sent to the Crown Court under the grave crime procedure.
Option B is wrong, because although the Crown Court could sentence the boy to a period of detention, it can only do so under the grave crime or dangerousness procedures.
Option C is wrong because there is no evidence that the boy is poses a significant risk of harm as he has no previous convictions. Further, the court must be looking at a sentence of at least 4 years.
Option D is wrong because the youth court can only impose a detention and training order on a 12-year old who is a persistent offender. Given that the boy has no previous convictions, that would not be possible.
A boy aged 9 years pushes his friend off a brick wall as a joke. Unfortunately, the friend hits his head on the concrete below. The friend is taken to hospital because he loses consciousness. Whilst at the hospital, it is found that the friend has a very thin skull and it fractured when hitting the concrete. The friend undergoes an operation but dies on the operating table.
Why cannot the boy be prosecuted for murder?
A. The boy is under the age of criminal responsibility.
B. The boy did not mean to kill his friend.
C. The boy did not mean to cause his friend grievous bodily harm.
D. The boy could not foresee the death of his friend because the friend had a thin skull.
E. The operation was an intervening act that meant that the causal link between the fall and the friend’s death was broken.
CORRECT ANSWER A - The boy cannot be prosecuted for murder or any other crime because he just below the age of criminal responsibility, being 10 years of age.
Option B is wrong because the mens rea of murder is not an intention to kill but an intention to kill or cause grievous bodily harm.
Option C is wrong because although it could be argued that the boy did not intend to cause his friend grievous bodily harm, were the boy to be at or over the age of criminal responsibility, the boy could still be charged with murder or another crime. It is the boy’s age that prevents him from being charged in all circumstances.
Option D is wrong because foreseeability is an element of gross negligence manslaughter and not of murder.
Option E is wrong because whether the friend’s operation was an intervening event and broke the chain of causation would be for the court to decide and would not prevent the boy from being charged with murder. Only the boy’s age makes it impossible for him to be charged with any offence.
