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Criminal > W7 - Youth Court Procedure > Flashcards

W7 - Youth Court Procedure Flashcards

1
Q

What are the aims of the youth justice system?

A

Preventing youth offending.

The welfare of the juvenile.

The aim is to prevent future crimes - so any kind of sentencing is aimed at rehabilitation if possible.

To know the effect a sentence will likely have on a child.

To know the underlying factors contributing to the child’s behaviour.

A custodial sentence should be the last resort only.

Any sentence should focus on re-integration into society instead of punishing.

To enable juvenile to take responsibility for their actions.

To give them some grace about the fact that they are young and immature - may be easily influenced at a young age etc.

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2
Q

Who are the YOT and whats their role?

A

Youth Offending Team.

Supportive role - will be there at every hearing.

Will assist the youth court in matters like investigating into the juvenile’s background, providing a pre-sentence report and administering non-custodial sentences.

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3
Q

What role do parents/ guardians play?

A

Court will refer to them to get their opinion on what sentence they intend to give the juvenile. They must play an active role.

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4
Q

Who should attend court with juveniles when they are under 16 years old?

A

Parents/ guardians MUST, unless courts decide that it is unreasonable.

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5
Q

What type of protection do courts afford to juvenile cases? (physical, privacy etc)

A

Privacy. And press reports etc.

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6
Q

What are the Press strictly restricted from reporting?

A

Name, address, school of juvenile or any info that could be used to identify them. This extends to any witnesses.

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7
Q

After what age is the Press reporting restrictions not used?

A

When D is above the age of 18

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8
Q

Can lifelong Press reporting protection be given to a juvenile (whether victim or witness)?

A

Yes. If they are under the age of 18.
S 78 of Criminal Justice and Courts Act 2015.

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9
Q

Can the courts lift the Press reporting protection?

A

Yes. Under s 49 Childrens and Young Persons Act.
But can only be done if it is in the interests of justice and if it is in the public interest. Cannot be used as an ‘extra’ form of punishment.

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10
Q

How does legal aid work?

A

Legal Aid Agency.

Must look at juvenile’s age to see if a representation order should be granted.

Juveniles under the age of 18 automatically are eligible for the means test.

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11
Q

What age range enjoys the presumption that they cannot commit a criminal offence?

A

Under 10s.

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12
Q

What court is the youth court a part of?

A

Magistrates.

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13
Q

Who hears youth court case?

A

District judge or a bench of youth justices.

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14
Q

What qualifies as ‘children’?

A

Between 10 and 13 yrs

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15
Q

What qualifies as ‘young people’?

A

Between 14-17 yrs.

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16
Q

When a police station says someone is a juvenile, what does this mean?

A

Looser idea of age.
Basically, a suspect that appears to be under 18 yrs.
But a juvenile in court = someone under the age of 18.

Police station = looks under 18
Court = is under 18

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17
Q

What is a PYO?

A

A persistent young offender.
Basically, someone who has been sentenced on 3 diff occasions for one or more recordable crimes (where they may received custodial sentence).

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18
Q

Does a PYO get their case expedited so that their case can be dealt with as quickly as possible at the youth court?

A

Yes, because they are dangerous.

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19
Q

How is court altered for juveniles?

A

Its made:

Less formal
Everyone sits on level
No one wears fancy attire
Straightforward language is used
Juveniles referred to by their name
Witnesses will ‘promise’ the truth, not ‘swear’ the truth.
More communication between juveniles and the magistrates.
There will be a finding of ‘guilt’ as opposed to a sentence.

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20
Q

If a juvenile is charged with an offence at age 17 and at the time of first court appearance they are now 18, what court will deal with them?

A

The adult magistrates court. Youth court no longer has jurisdiction at that big age.

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21
Q

If juveniles case hearing starts when they are 17 but turns 18 in the process of hearing, what happens to their case?

A

The youth court has discretion on whether to keep the case (and enjoy the full expanse of adult magistrates court sentencing powers) or send it to the adult magistrates court.

22
Q

So as soon as someone attains the age of 18, they are subject to?

A

The adult magistrates sentencing powers.

23
Q

What types of offences committed by juveniles might get their case sent to the Crown Court?

A

MUST get sent to the CC:

+ Homicide offences
+ Firearms offences (where juvenile is of age of 16 at time of offence)

MAY get sent to the CC:

+ Grave crimes - such as robbery, rape, assault by penetration, s 18 GBH, sexual offences etc (used only if the max Youth court sentencing powers will not suffice).
+ Specified offences - only where juvenile can be considered as a ‘dangerous offender’.
+ When juvenile will be jointly charged with an adult - only used when it is in the interests of justice. Adult and juvenile to be tried together in magistrates court.
+ For a PYO, if the custodial sentence they will receive will be more than 4yrs.

24
Q

What is the Youth court’s maximum sentencing powers?

A

24-month detention and training order.

25
Q

If juvenile indicates guilty plea or non-guilty AND the youth courts sentencing powers are not enough, what will happen?

A

Send them to CC.

26
Q

What are the youth courts power in remanding the juvenile?

A

Can remand them on:
1. Bail
2. Into local authority accomodation or youth detention accomodation
3. Into custody (if juvenile is 17yrs)

27
Q

What will be used before juvenile is sentenced in the Youth court?

A

A pre-sentencing report made by YOT that informs about any previous grants of bail afforded or the juvenile’s home situation and their attendance at school etc.

28
Q

If bail is refused by court, where will the juvenile be remanded?

A

Into local authority accomodation or youth detention accomodation.

29
Q

Describe the local authority accomodation?

A

When juvenile is held at an accomodation provided by local authority or can in some instances be a ‘return to home’ but under care of authority.

Used for ages between 10-17.

30
Q

Describe the youth detention accomodation?

A

Used for ages between 12-17yrs.

4 conditions need to be met before someone is remanded in the youth detention, as opposed to the local authority:

  1. juvenile must be between 12-17 yrs.
  2. juvenile must have legal representation.
  3. Offence must have been a violent or sexual one where an adult would be given an imprisonement of 14yrs+ ORRR the juvenile will need to have a ‘recent and significant history’ of absconding or commiting more offences whilst being remanded on bail, or remanded at the local authority or youth detention.
  4. Court believes that it is necessary to remand in youth detention to protect the wider public from death or serious personal injury (physical or psychological) and that this risk is not something the community cannot ‘manage satisfactorily’.
31
Q

What will the pre-sentence report also address?

A

The court is likely to indicate the type of sentence it intends to give juvenile, the report will address this type of sentence and its applicability to the juvenile.

32
Q

What must the youth courts balance?

A

The seriousness of the offence and the welfare of the juvenile

33
Q

What will youth court look at to determine sentence?

A

Court will assess culpabilty and harm + any mitigating or aggravating factors.

The seriousness of the offence is the starting point.

Culpability: to what extent the crime was planned or impulsive… or what role the juvenile played… the level of force used… the awareness of the child and any possible consequences. Examine if peer pressure was present. Any mental health problems or mental defects. Any external factors that will influence child’s behaviour.

Harm: the level of physical and psychological harm suffered by victim, the degree of loss suffered and the extent of any damage caused to property. Forseeable or intended harm.

34
Q

Who is given a referral order?

A

To juveniles who (1) plead guilty to a custodial crime and (2) has never been convicted before. This is a type of community service order.

35
Q

Can a referral order be made if juvenile gives a not guilty plea?

A

NO.

36
Q

Can a referral order be made if juvenile gives a mixed guilty plea?

A

At the court’s discretion.

37
Q

What happens when a referral order is made?

A

Juvenile will be referred to a Youth Offender Panel. Here they will create a contract, as agreed between the juvenile and the panel, about a programme designed to prevent the juvenile from re-offending.

38
Q

How long will a youth offender contract (made on a referral order) last?

A

Between 3-12 months.

39
Q

What is a youth rehabilitation order? YRO

A

The equivalent of a generic community order. A community service order.

40
Q

What is a ‘detention and training order’?

A

This is the ONLY type of custodial sentence the youth courts can impose.
Only imposed when the offence was so serious that a fine or a community sentence alone is not enough, or a YRO and intensive supervision is not enough.

41
Q

What ages cannot be given a ‘detention and training order’?

A

Ages 10-11.

42
Q

What ages can only be given a ‘detention and training order’ if they are a PYO?

A

12-14 yrs only if they are PYO.

43
Q

What ages have no restriction on whether they are given a ‘detention and training order’?

A

above 15 yrs

44
Q

What is the minimum and maximum ‘detention and training order’ period?

A

Min: 4 months
Max: 24 months

45
Q

Courts must ensure what when giving a ‘detention and training order’?

A

That they set the shortest time possible.

46
Q

When can the courts impose a ‘detention and training order’?

A

When court has received a pre-sentence report from YOT that addresses custody as a possible sentence.

47
Q

What does a ‘detention and training order’ look like?

A

First half will be spent in detention.
Second half will be spent in the community under YOT member supervision.

48
Q

Can a youth court sentence be appealed?

A

Yes. Can appeal to CC. Same rights of appeal as someone sentenced in the adult magistrates court.

49
Q

Can a youth defendant elect CC for trial if they have committed an offence alongside an adult?

A

A youth defendant has no right to elect Crown Court trial, only an adult defendant does.

50
Q

What is a grave crime?

A

Something someone would be charged 14+ years for.

51
Q

If youth has the opportunity to live in an alternative address, what is this best for?

A

For bail.
Not great for determining allocation to youth court and CC.

52
Q

Does a not guilty plea put someone in a place where they could be put in CC? No guilty + the offence requires more than 2 years custody…

A

Yes.

Criminal (3 decks)

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