Youth Flashcards
1
Q
What is the definition of Adult?
A
In the context of criminal procedure and mode of trial, an ‘adult’ is any person aged 18 or over.
In the context of sentencing, ‘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
2
Q
What is the definition of Child?
A
under the age of 14 years. The CYPA 1969, s. 70(1)
By the CYPA 1933, s. 107(1),
3
Q
What is the definition of Young Person?
A
age 14-17
4
Q
Can children under 10 be convicted of a criminal offence?
A
NO!
5
Q
Can youth courts try indictable offences?
A
Yes
6
Q
When must a child/young person be tried in the Crown Court?
A
When charged with
i) homicide (i.e. murder or manslaughter)
ii) firearms offence (over the age of 16)
7
Q
When may a child/young person be tried in the CC?
A
Youth charged with a ‘grave crime’ s91 PCC(S)A 2000); AND
a. carrying at least 14 years’ imprisonment; or
b. one specified in s91 itself;
8
Q
Are the Youth Courts public courts?
A
NO!
9
Q
Who are the only persons permitted in the youth court?
A
(a) members of the court and court officials;
(b) parties to the case before the court and their legal representatives (lawyers cannot enter the courtroom if a case they are appearing in is not being dealt with at that time);
(c) witnesses and other persons directly concerned in that case (witnesses are allowed to remain in court once they have given evidence);
(d) bona fide representatives of news gathering or reporting organisations
(e) anyone else directly involved in the case (e.g., probation officers or social workers involved in the case); and
(f) such other persons as the court may specially authorise to be present.
10
Q
Can the parent or guardian of the accused under 16 attend the court room?
A
the court MUST require the parent/guardian of the accused to attend with the youth at all stages of proceedings
unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case’
11
Q
Can the parent or guardian of the accused aged 16+17 attend the court room?
A
the court may require the parent/guardian of the accused to attend with the youth at all stages of proceedings
12
Q
‘Guardian’ definition?
A
any person who, in the opinion of the court, has for the time being ‘the care of the child or young person’
13
Q
does ‘Parent’ include adopter of child?
A
yes!
14
Q
What about when local authority has parental responsibility of the child?
A
their representative, rather than, or in certain cases as well as, the parent must (or may) be required to attend
15
Q
Is the course of a trial in the youth court the same as the course of a trial in an adult magistrates’ court?
A
yes, essentially the same
16
Q
can the words the words ‘conviction’ and ‘sentence’ are be used in connection with children and young people ?
A
NO!
Replaced with
the terms ‘finding of guilt’ and ‘order made on a finding of guilt’
17
Q
Will the difference in terminology apply in proceedings against children and young people in adult magistrates’ court and crown court?
A
Adult magistrates’ court = YES
crown court = NO
18
Q
Is the youth court intended to be less formal than in the adult magistrates’ court?
A
Yes
19
Q
What are some differences between MC and youth court that is intended to make the youth court less form?
A
- the accused sits on a chair, not in a dock,
- usually has a parent or guardian sitting nearby
- the accused and any young witnesses are addressed by their first names
- the oath taken by witnesses is to ‘promise’ (not ‘swear’) to tell the truth
20
Q
The presumption is that the first hearing for an accused aged under 18 will be at which court?
A
Youth Court
21
Q
If the young person/child has been charged with homicide, which could must he be sent to for trial?
A
CC
22
Q
If the young person/child has been charged with fire arms offence submit to mandatory minimum sentence of 3 years, which could must he be sent to for trial?
A
CC
23
Q
If the young person/child had notice served in serious fraud or child case, which could must he be sent to for trial?
A
CC
24
Q
If legally represented, does the youth/child have to be present during the court proceedings?
A
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, and the court considers that it should proceed in the absence of the accused.
25
If cases where the court considers that the proceedings should proceed in the absence of the youth/child accused, can the legal rep enter a plea on behalf of the accused?
YES!
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 under s. 24B(2)(c)).
26
Youth courts: Proceedings under s. 24A or 24B can be adjourned. Where the accused is present, the adjournment may take the form of a remand, either in custody or on bail
27
Where an adult is charged with an indictable only offence & a person under 18 is charged jointly with an adult who has been sent for trial for the same or a related offence, when would the court send the youth/child to the CC?
'if it considers it necessary in the interests of justice to do so',
28
Assuming that the child or young person indicates an intention to plead not guilty, the court will invite representations from the prosecution and defence on the issue of whether or not it is 'necessary in the interests of justice' to send the child or young person to the Crown Court for trial.
29
When considering if it is 'necessary in the interests of justice' to send the child or young person to the Crown Court for trial, what balance should the court make?
- the justices must balance what may well be conflicting interests.
-
- On one hand, it is desirable that there should be a joint trial (to avoid prosecution witnesses having to give their evidence twice, to avoid the risk of inconsistent verdicts, and to avoid the risk of disparity in the sentences which are passed in the event of conviction). On the other hand, a child or young person may well find appearing in the Crown Court an unduly traumatic experience.
30
When considering if it is 'necessary in the interests of justice' to send the child or young person to the Crown Court for trial, what should the court consider?
-the age and maturity of the young defendant,
- the comparative culpability in relation to the offence and the previous convictions of the two
- whether the trial can be severed without either injustice or undue inconvenience to witnesses
31
younger the child or young person and the less serious the charge =
(when considering to send the child or young person to the Crown Court for trial)
the more reluctant the justices should be to send the accused to the Crown Court.
32
if it is alleged by the prosecution that the child or young person played only a minor role in the offence =
it is likely to be more appropriate to deal with him or her separately.
33
The guideline gives examples (at para. 2.12) of factors that should be considered when deciding whether it is in the interests of justice to send the child or young person to the Crown Court (rather than having a trial in the youth court):
whether separate trials will cause injustice to witnesses or to the case as a whole (bearing in mind the possibility of video recorded testimony under the YJCEA 1999, ss. 27 and 28);
the age of the child or young person (the younger the child or young person, the greater the desirability of trial in the youth court);
the age gap between the child or young person and the adult (a substantial gap in age militates in favour of the child or young person being tried in the youth court);
the lack of maturity of the child or young person;
the relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor;
the lack of previous convictions recorded against the child or young person.
34
After the case of a child or young person to the Crown Court (to be together with an adult), can the CC send it back to the youth court for trial?
No!
If the magistrates decide that it is necessary in the interests of justice for the child or young person to be tried in the CC, the CC cannot send the case back.
35
Which orders does the youth court have power to make?
(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: s. 123);
(d) requiring the offender's parents to enter into a recognizance to exercise proper control over the offender (s. 376).
36
An adult magistrates' court is also able to make a referral order under s. 84.
If these powers are not appropriate, the justices will remit the child or young person to the youth court to be sentenced (s. 25(4)).
If the case is one where, in the youth court, a referral order would be mandatory under s. 84, the adult magistrates' court may, but is not obliged to, remit the case to the youth court (s. 25(5)(a)).
If, on the other hand, the child or young person pleads not guilty, the adult magistrates' court may either try the accused or remit him or her for trial to the youth court (MCA 1980, s. 29(2)). In the absence of a good reason to the contrary (e.g. the prosecution wishing to offer no evidence), it is submitted that the child or young person should normally be remitted to the youth court for trial.
37
Where the child or young person is jointly charged with an adult who is to be tried summarily and child/youth indicate NG plea, who must try the youth/child?
adult court must try him or her
38
Where the child or young person is jointly charged with an adult who is to be tried summarily and child/youth indicate G plea or found guilty, who must try the youth/child?
- the magistrates will remit him or her to the youth court for sentence if the sentences which the adult court can impose are inappropriate
39
Where the child or young person is jointly charged with an adult who is to be tried summarily
+ the adult pleads guilty and the child or young person pleads not guilty, the adult magistrates' court may try the child or young person under the MCA 1980, s. 29(2), or else remit him or her to the youth court for trial.
40
Where the child or young person is charged with aiding and abetting the adult or the adult is charged with aiding and abetting the child or young person and both plead NG, can the adult MC try them both?
Yes!
41
if the adult and child or young person are charged with offences which arise out of the same circumstances and both plead not guilty, can the adult MC try them both?
MC may either try the child or young person or remit him or her to the youth court for trial
42
If the adult pleads guilty and the child or young person pleads not guilty, can is the MC likely to do?
to remit the child or young person to the youth court for trial;
if the adult magistrates' court tries and convicts the child or young person, he or she will be remitted to the youth court for sentence if the magistrates' sentencing powers are inappropriate.
43
where a person apparently under 18 is brought before a court, the court is to make 'due inquiry' as to the person's age and must take into account such evidence on the matter as may be forthcoming at the hearing of the case.
44
Will the order or judgment of the court is be invalidated by subsequent proof that the person's age was incorrectly stated?
NO
the person is deemed for the purposes of the 1933 Act to be whatever age he or she is presumed or declared to be by the court
45
Can the court accept what the person's parent or guardian says about their age?
- YES
- although in cases of doubt it may ask for further inquiries to be undertaken
46
where there is a real doubt as to the claimed age of the accused, what assessment should be conducted?
age assessment
47
Where is the first court appearance by a child or young person in respect of an alleged offence?
Youth Court
48
In which exceptional cases is the the first appearance is in the adult magistrates' court?
(a) the youth is jointly charged with an adult
(b) the youth is charged with an offence that arises out of the same circumstances or is connected with the offence that the adult is charged with.
(b) the youth is charged with aiding & abetting an adult to commit an offence;
(c) an adult is charged with aiding & abetting a youth to commit an offence;
49
Why is it that it will usually be appropriate for the child or young person to be produced in person at court rather than live link?
to ensure proper engagement.
50
When may a trial of a child or young person may take place in an adult magistrates' court?
where the child or young person is charged alongside an adult who is being tried in the magistrates' court.
51
Section 250 empowers the Crown Court to order that a child or young person be detained for a period not exceeding the maximum sentence of imprisonment which may be imposed on an adult offender for the offence in question. This only applies in some circumstances, which are ...
† (a) where a child or young person who has attained the age of ten is convicted of an offence which carries at least 14 years' imprisonment in the case of an adult offender;
† (b) where a child or young person who has attained the age of ten is convicted of an offence under the SOA 2003, ss. 3, 13, 25 or 26.
52
What are the offence under the SOA 2003, ss. 3, 13, 25 or 26?
sexual offences under Sexual Offences Act 2003, ss3, 13, 25, 26: sexual
assault; child sex offences committed by a child or young person;
sexual activity with a child family member; inciting a child family
member to engage in sexual activity.
53
Section 250, SA 2020 is necessary because of the relatively limited ambit of the normal custodial sentence for young offenders, namely the detention and training order: this order is limited to a total of 24 months (12 months' custody, followed by 12 months' supervision);
54
Section 250 achieves two key objectives:
(a) it enables the Crown Court to pass a longer term of detention than would otherwise be possible (given the 24-month limit on the duration of the detention and training order); and
(b) it enables the Crown Court to impose a term of detention where otherwise no detention would be possible (in the case of an offender under the age of 12, or an offender under the age of 15 who is not a persistent offender).
55
Is a detention and training order is available where the offender is under the age of 12?
no!
56
where the offender is under the age of 15, a detention and training order can be imposed only when...
if the child or young person is a 'persistent offender'
57
What guidance does the court give when defining 'persistent offender'?
(when court is considering imposing a detention and training order on an offender under 15)
- one previous offence cannot reasonably be classed as a persistent offender
- should not necessarily be assumed to be one if he or she has committed two or more
- If there have been three findings of guilt (or other orders requiring an admission of guilt) in the past 12 months for imprisonable offences of a comparable nature, the court could certainly justify classing the child or young person as a persistent offender
58
Scope of s.250
If the child or young person, at the 'plea before venue' hearing, indicates a not guilty plea to such an offence, the magistrates must consider whether, if the child or young person is found guilty of the offence, it 'ought to be possible' to impose a sentence under s. 250; if so, the accused must be sent to the Crown Court for trial.
59
Where a child or young person appears before a youth court charged with a number of offences and is sent to the Crown Court in respect of some (but not all) of them, the youth court is not required to adjourn proceedings in respect of the other offences
60
When determining the Scope of s.250, should the court hear submissions from counsel?
YES!
the court should hear submissions from the prosecution and defence
61
When determining the Scope of s.250 and hearing the submissions from the prosecution and defence, is evidence about the gravity of the offence appropriate?
NO!
62
Does the child or young person has right to elect Crown Court trial?
NO!
63
Where several defendants all under 18, should the court consider the position of D's together?
(determining the Scope of s.250 - whether to send case to CC)
NO!
court must consider position of each
D separately (even if this results in one 1 being sent to Crown Court trial,
others remain in Youth Court)
64
Dangerous offenders/extended sentence
S51A(2)-(3) CDA 1998 - a youth MUST be sent to the Crown Court for trial
forthwith, if:
(a) the offence is a ‘specified offence’ (a violent or sexual offence listed in sch
15 CJA 2003), eg GBH, kidnapping, rape;
AND
(b) it appears to court that if found guilty, the criteria for imposing an extended
sentence of detention under s226B CJA 2003 (amended by LASPO 2012) would
be met, i.e. the offender would
(i) be deemed ‘dangerous’ (=significant risk to the public of serious
harm occasioned by the commission of further specified offences by the
youth); and
(ii) the offence warrants an appropriate custodial sentence of at least
four years.
65
Dangerous offenders/extended sentence
An ‘extended sentence’ of detention (as for an adult) is made up of:
(1) an appropriate custodial term plus
(2) an ‘extended period’ of licence which is considered necessary to protect the public
from serious harm from the child/young person by the commission of further specified
offences
66
Should the power to send youths to Crown Court should be used often?
Dangerous offenders/extended sentence
NO!
Rarely.
67
When should the power to send youths to Crown Court be used?
Dangerous offenders/extended sentence
(a) there is sufficient information (usually including a risk assessment in a recent PSR) about the nature & circumstances of the offender, the offence and any pattern of behaviour which offence forms part of, to enable the court to assess the offender as dangerous; and
(b) it is in the interests of justice for youth to be tried on indictment.
68
CPS Guidance: prosecutors should usually recommend summary trial, youth
court is normally appropriate tribunal for youth trials;
69
Three powers of committal for sentence under the SA 2020 are relevant to children and young people:
1) s. 16 (which applies where the accused pleads guilty to, or is found guilty of, an offence to which s. 249 applies);
2) s. 17 (which applies where the accused pleads guilty to, or is found guilty of, an offence for which an extended sentence under s. 255 may be imposed);
3) s. 19 (which applies where the accused is sent for trial for one or more offences but also indicates a guilty plea for one or more other offences).
70
What orders are available at the youth court?
* Absolute discharge
* Conditional discharge
* Fines (up to £250 where offender under 14; up to £1,000 aged 14-17; or maximum for the offenceif less).
* Referral order
* Reparation order
* Youth rehabilitation
order
* Detention and training
order
71
Can the youth court make Orders against parents of a convicted juvenile?
YES
Orders against parents of a
convicted juvenile:
* Parenting order
* Parental bind over
72
Can the youth court make ancillary orders, such as a compensation order?
Yes
73
When the youth court is making ancillary order, what is the max amount they can order?
max amount is £5,000
74
In regards to ancillary orders, 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
75
What is the only possible custodial sentence for under 18s?
Detention and training order (DTO)
76
When can the court order a Detention and training order (DTO) ?
Can only apply where a child/young person has been convicted of an offence punishable with imprisonment in the case of an adult
77
Where an offender is aged 17 at the date of conviction but is aged 18 or over when sentenced, will the court order the sentence as a detention and training order or a sentence of detention in a young offender institution?
Detention and training order
78
Can you order a detention and training order where offender was under 12 (i.e. 10-11) at time of conviction
No!
79
Min and max terms of a detention & training order?
minimum 4 months
max 24 months
(whether imposed by Youth Court or Crown Court).
80
If court would have imposed a detention & training order for 4 months but when considering the GP, this is reduced, can the court order an order for a lesser period than 4 months?
NO!
81
The detention & training order period cannot exceed the max term of imprisonment that Crown Court could have imposed on an adult for that offence. And so if the max sentence for the offence in question is less than 4 months, a detention & training order cannot be imposed at all (eg offence of interfering with a motor vehicle).
82
When imposing sentence for a summary-only offence, longest order normally imposed is 6 months, because that is the max term the Crown Court could impose for that offence
(detention & training order period)
83
Detention & training orders can be consecutive, for up to?
24 months
84
When imposing consecutive orders for 2 summary-only offences, can the youth court exceed a total of six months?
yes!
85
Can the court order a youth rehabilitation order as a community sentence for offenders aged under 18 ?
Yes
86
Max length of youth rehabilitation order?
3 YEARS
87
In addition to the 'standard' YRO, and specified as an alternative to custody, the court has power to make:
(i) a YRO with intensive supervision and surveillance (see E11.22), or #
(ii) a YRO with fostering
88
When should the court make a youth rehabilitation order?
The court must not make a youth rehabilitation order unless it is of the opinion that—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it, was serious enough to warrant the making of such an order.
89
What should the court consider when making a youth rehabilitation order?
- all the information that is available to it about the circumstances of the offence,
or of it and any associated offence or offences, including any aggravating or mitigating factors.
-PSR
- family circs
- the likely effect of a youth rehabilitation order on those circumstances.
90
What is a Referral Order?
an order which requires an offender under the age of 18 when convicted to attend meetings of a youth offender panel established for the offender by a youth offending team and by virtue of which the offender is required to comply for a specified period with a programme of behaviour to be agreed between the offender and the panel.
91
A referral order is available to a court dealing with an offender for an offence where....
† (a)†††† the court is a youth court or other magistrates' court,
† (b)†††† the offender is aged under 18 when convicted,
† (c)†††† neither the offence nor any connected offence is an offence the sentence for which is fixed by law,
† (d)†††† the court is not proposing to—
†
† (i)†††† impose a custodial sentence, or
† (ii)†††† make a hospital order (within the meaning of the Mental Health Act 1983), in respect of the offence or any connected offence,
† (e)†††† the court is not proposing to make—
†
† (i)†††† an order for absolute discharge, or
† (ii)†††† an order for conditional discharge, in respect of the offence, and
† (f)†††† the offender pleaded guilty to the offence or to any connected offence.
91
Can a Crown court make a Referral Order?
NO!
92
a referral order is not available unless the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside (and the notice has not been withdrawn).
93
Max period of a referral order?
12 months!
