Youth A&Q Flashcards
What constitutes as a youth in criminal litigation?
All offenders who are aged 17 and under
What is the aim of the youth justice system?
1) To prevent children and young people from offending s.37 Crime and Disorder Act 1998
2) To have regard to the welfare if the children or young person s. 44 Children and Young Persons Act 1933
Can a child under the age of 10 be guilty of an offence?
No
It is conclusively presumed that no child under the age of 10 can be guilty of an offence
What is the term used to refer to those under 18 who pass through the criminal justice system?
Juvenile
What is the term used to refer to those 18 who pass through the criminal justice system?
Adult
What is the term used to refer to those under 14 who pass through the criminal justice system?
Child
The Children and Young Persons Act
What is the term used to refer to those between 14 and 17 who pass through the criminal justice system?
Young Person
The Children and Young Persons Act
What does the term PYO (Persistent Young Offender) mean?
(No statutory definition)
BUT
A young person is likely to be categorised as a PYO if they have been convicted of or made subject to pre-conduct disposal that involve admission or finding of guilt, in relation to impressionable offence on at least 3 occasions in the past 12 months.
What does the term juvenile mean in the criminal justice system?
A person who is under the age of 18
What does the term adult mean in the criminal justice system?
Aged 18 or over.
With reference to sentence procedure ‘adult’ sometimes means a person aged 21 or over, as that is the age an offender becomes liable to imprisonment rather than detention in a Young Offender Institution
What does the term adult mean in sentencing procedures?
Aged 21 or over
With reference to sentence procedure ‘adult’ sometimes means a person aged 21 or over, as that is the age an offender becomes liable to imprisonment rather than detention in a Young Offender Institution
What does the term child mean in the criminal justice system?
Person under the age 14 years old
What does the term young person mean in the criminal justice system?
A person aged between 14 and 17 (inclusive)
What is the presumption for a youth in the criminal justice system?
There is a presumption that youths will be dealt with by the youth court for nearly all offence, even those classed as indictable only for adults.
Which types of judges are in a youth court?
1) District judge sitting alone
or
2) Not more than 3 magistrates
*Both types of judges are required to undergo specialist training to sit in the youth court
How can a District judge or magistrate sit in a youth court?
By undergoing specialist training to sit in the youth court
Are there any reporting restrictions in the youth court?
Yes
Reporting restrictions apply automatically to those who appear in the youth court. They can be lifted although this is rare, especially before conviction
Can reporting restriction be lifted in the youth court?
Yes
Although this is rare
Are there any reporting restrictions in an adult magistrates’ court and Crown Court?
They are discretionary
Is a youth court a public court?
No
Is an adult magistrates’ court a public court?
Yes
Is a Crown Court (not sitting in chambers) a public court?
Yes
Is a Crown Court (sitting in chambers) a public court?
No
Who can be present in a youth court?
1) Members and officers/ officials of the court
2) Parties to the case before the court
3) Witnesses and other persons directly concerned in the case
4) Bona fide representative of newspaper or news agencies (BUT note reporting restrictions
5) Such other persons as the court may specially authorise to be present
Is the public excluded from the adult magistrates court when a youth is appearing there as a defendant?
No
unless they are sitting in chambers
Is the public excluded from the adult Crown Court when a youth is appearing there as a defendant?
No
unless they are sitting in chambers
Is the public excluded from the adult magistrates court when a youth is appearing there as a witness?
No
Is the public excluded from the adult Crown Court when a youth is appearing there as a witness?
No
Is the public excluded from the adult Crown Court sitting in chambers when a youth is appearing there as a defendant?
Yes
When must an accused be required a parent or guardian to attend with the youth at all stages of the proceedings?
Under 16
(Unless and to the extent that is court is satisfied that it would be reasonable to require such attendance, having regard to the circumstances of the case.)
In what circumstances would the court require to remove the attendance of a parent or guardian, if the accused is under 16?
Unless and to the extent that is court is satisfied that it would be reasonable to require such attendance, having regard to the circumstances of the case.
When may an accused be required a parent or guardian to attend with the youth at all stages of the proceedings?
If the accused is aged 16 or 17.
Does an adoptive parent constitute as a parent in the criminal justice system?
Yes
What is the definition of a guardian?
Anyone who has for the time being care of the child or young person
When can a local authority be present in the youth court?
If the youth is under the care of the local authority their representative must (or may) attend court instead of, or sometimes in addition to, the parent.
How formal is a youth court formal proceedings
Proceedings are more informal than the adult magistrates and Crown Court.
How is the youth court more informal than adult courts?
1) lawyer and witnesses remain seated
2) Lawyers are not robed
3) The youth sits in a chair in the dock and usually their parent or guardian sits next to the youth and lawyers may sit next to their client
4) Rather than communicating via the solicitor, magistrates prefer to talk directly with the defendants and their parents
5) Justices who sit on youth court benches are specially trained
6) The youth and youth witness are addressed by their first names
7) If the youth or youth witness needs to take an oath this will be ‘to promise’ to tell the truth, as opposed ‘to swear’ as in adult magistrates court
8) language used differently - eg: ‘finding of guilt’ is a conviction and ‘order made on a finding of guilt’ is a sentence
Different terms are used to those who pass through the criminal justice system, what determines which term will be used?
Age
How are juvenile treated in the police station?
As a vulnerable suspect
What protection is provided for juveniles at a police station?
Same protection under PACE as adults
BUT
With additional safeguards (Appropriate Adults)
What is the meaning of an Appropriate Adult?
An Appropriate Adult is someone who attends the police station to look after the welfare of the suspect.
Is an Appropriate exclusive to juveniles?
No
Anyone that is considered a vulnerable suspect.
When will an individual be treated as a juvenile?
‘Anyone who appears to be under 18, in the absence of clear evidence that they are older, be treated as a juvenile.’
What does necessity for ‘clear evidence’ that a detainee is 18 or older mean?
That were there is any doubt, a precautionary approach must be adopted by the custody officer and the police must treat the detainee as a juvenile, any disputes as to age will be for a court to determine if the suspect is charged with an offence.
Who should be informed of the juvenile’s arrest?
The person responsible for the juvenile’s welfare
and
The Appropriate Adult (Who may or may not be the same person who has responsibility for the welfare of the child)
When should the person responsible for the juvenile’s welfare be informed of the juvenile’s arrest?
must be informed as soon as practicable
What should the person responsible for the juvenile’s welfare be informed of when contacted by the police station?
1) Juvenile has been arrested
2) Why the juvenile has been arrested
and
3) Where the juvenile is being detained
What should the Appropriate Adult be informed of when contacted by the police station?
1) Grounds for the juvenile’s detention
2) Whereabouts of the Juvenile
and
3) Asked to attend the police station
Who can act as an Appropriate Adult for a juvenile?
1) Parent, guardian or anyone else with parental responsibility
2) a social worker
or
3) any other responsible adult who is not a police officer
Who can NOT act as an Appropriate Adult for a juvenile?
Anyone who is:
1) suspected of the involvement of the offence
2) The victim
3) A witness
4) Involved in the investigation
5) Have received admissions prior to attending to act as the Appropriate Adult
6) A solicitor or independent custody visitor who is present at the police station and acting that capacity
7) An estranged parent if the juvenile specifically objects to it
How can the Youth Offending Teams help juvenile in a police station?
YOT may have individuals available to as an Appropriate Adult, if necessary or there may be groups of trained volunteers available to carry out the role.
If a juvenile admits, or in the presence of a, an offence to a social worker or a member of a youth offending team other than during the time that person is acting as the juvenile’s appropriate adult, can they still continue to act as an appropriate adult?
No
AND
Another appropriate adult should be appointed in the interest of justice
If a venerable persons prefers a relative to better qualified stranger, who should be the appropriate adult?
The relative, if practicable
Their wishes should, if practicable, be respected.
What is the role of an Appropriate Adult?
1) Advise the juvenile being questioned
2) observe whether the interview is being conducted properly and fairly
and
3) Facilitate communication with the juvenile being interviewed
Is the Appropriate Adult role a passive role?
No
What is the purpose of the Appropriate Adult’s presence?
The AA’s presence is to help the juvenile cope with the demands of the custody and questioning and to appreciate the seriousness of the situation
Is an appropriate adult subject to legal privilege?
No
*The detainee should always be given an opportunity, when an appropriate adult is called to the police station, to consult privately with a solicitor in the appropriate adult’s absence if they want.
Can the appropriate adult instruct a solicitor on behalf of the juvenile?
Yes
Can the appropriate adult consult the custody record?
Yes
AA has the right to consult the custody record
Can the appropriate adult consult the juvenile in private at any time?
Yes
The AA has the right to consult the juvenile in private at any time
Is there a duty of confidentiality owed by the appropriate adult?
No
There is no duty of confidentiality owed by an AA
When should the appropriate adult be present?
AA should be present when the juvenile is:
1) being read their rights
2) being strip searched or subjected to an intimate search
3) being interviewed
4) attending identification procedures
or
5) being charged
Can a juvenile be interviewed or asked to sign anything in the absence of an appropriate adult?
No
Unless
1) authorised by a superintendent or above
and
2) only if they believe delay will have certain consequences and is satisfied that the interview would not significantly harm the juvenile’s physical or mental state.
Can a chief inspector authorise an interview in absence of an appropriate adult?
No
Only a superintendent or above can
If a juvenile is cautioned in the absence of an appropriate adult, should the caution be repeated in the presence of an appropriate adult?
Yes
If a juvenile is cautioned in the absence of an appropriate adult, the caution MUST be repeated in the AA’s presence
What is required for a juvenile to participate in any ID procedure?
The consent of the juvenile’ parent/guardian
+
Juvenile’s consent (unless under 14)
If the juvenile is under 14, can the consent of their parent’s alone for the participation in any ID procedure be sufficient?
Yes
If the juvenile is under 14, the consent of their parent alone is sufficient
What are the options after interview for police and prosecution when dealing with any offence committed by a child or young person?
1) No further action
2) Community resolution
3) youth caution
4) youth conditional caution
5) charge
What are the additional grounds allowing the youth to be detained?
In their ‘own interests’
If a youth is detained for court, where should they be place?
In the local authority accommodation
When should a youth not be placed in local authority accommodation, after being detained for court?
Unless:
1) It is impracticable for the custody officer to do so i.e physically impossible
or
2) in the case of a youth aged 12-17, no secure accommodation is available and other local authority accommodation would not be adequate to protect the public from serious harm
Can the juvenile’s behaviour provide grounds for the custody officer to decide it is impracticable to arrange the juvenile’s transfer to local authority?
No
Can the juvenile’s nature of the offence provide grounds for the custody officer to decide it is impracticable to arrange the juvenile’s transfer to local authority?
No
Are the local authority under a duty to provide secure accommodation whenever the request is received under s.38 (6) PACE?
No
The local authority are NOT under a duty to provide secure accommodation whenever the request is received under s.38 (6) PACE
Can the juvenile’s arrest is pursuant to an alleged breach of bail provide grounds for the custody officer to decide it is impracticable to arrange the juvenile’s transfer to local authority?
Yes
The youth can be detained in police custody
Can the juvenile’s breach of remand conditions provide grounds for the custody officer to decide it is impracticable to arrange the juvenile’s transfer to local authority?
Yes
The youth can be detained in police custody
What is a youth caution?
A formal out-of-court disposal, without the need to prosecute them as set out in the crime and disorder act
it is the final step before prosecution.
Who must the police refer a youth who has received a youth caution to?
The Youth Offending Team
What is the purpose of a youth caution?
To reduce the risk of further offending by the youth and serve as a proportionate response to the crime committed.
When can a youth caution be provided?
Youth cautions can be used for any offence that the statutory criteria are satisfied:
1) the police are satisfied that there is sufficient evidence to charge the youth with an offence
2) the youth admits the offence to the police
3) the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence.
Is there a statutory restriction on the number of youth caution that a youth can receive?
No
Can a youth receive a youth caution even if they have previous convictions, reprimands, warnings, youth cautions and youth condition cautions?
Yes
Can the police issue a youth caution for an offence that indictable only in the case of an adult?
No
Needs the authority of the CPS
What must the courts have regarded when sentencing offenders under 18?
Overarching guideline - sentencing children and young people
In determining the sentence for offenders under 18, what are the overarching guidelines’ key elements to consider?
1) The principle aim of the youth justice system
2) the welfare of the child or young adult
3) the age of the child or young person (chronological, developmental, and emotional) which requires a different approach to that which would be adopted in relation to the age of an adult
4) the seriousness of the offence which is determined in the same way as for adults by assessing the culpability and harm
5) the likelihood of further offences being committed
and
6) the extent of harm likely to result from those further offences
What can the court order, in the interest of preventing the commission of further offence for a young power aged 16 or 17?
There is a discretionary power to make a
1) a parental bind over
or
2) impose a parenting order
What age does the offender need to be for a court to make a parental bind over or impose a parenting order?
16 or 17
When will the court apply their discretionary power to make a parental bind over or impose a parenting order?
if it would be desirable in the interest of preventing the commission of further offences
+
the offender is 16 or 17
What is the consequence of a breach of a parental bind over or a parenting order by the parent?
Punishable by fine
If a parent breach a parental bind over or a parenting order, who will conduct the prosecution and where would it be held?
The CPS will conduct the prosecution in the magistrates court
When is the relevant age for the purpose of sentence ?
Is the age of the offender at the date of conviction
What will constitute as a persistent offender for children and young people?
1) if there have been 3 finding of guilt in the past 12 months for imprisonable offences of a comparable nature then the court could certainly justify classing the child or young person as a persistent offender
or
2) a child or young person is being sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time then the court could justifiably consider the child or young person to be persistent offender even if no previous convictions
Is there a statutory definition for a persistent offender?
No
If a series of robberies committed over a period of 2 days, but has no previous conviction. Can the offender be deemed a persistent offender?
Yes
a child or young person is being sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time then the court could justifiably consider the child or young person to be persistent offender even if no previous convictions
If a youth aged 14 appeared for sentence for offences of burglary and aggravated vehicle taking committed on 4 different days over 2 month period. Can the youth be sentenced as a persistent offender?
Yes
What is the consequences of deeming a child or young person as a persistent offender?
Some sentence can only be imposed on children and young people if they are deemed a persistent offender.
What are the powers of committal to the Crown Court for sentence which apply to youth?
3 powers:
1) Youth is convicted of a ‘grave crime’ offence under s.249 and the court considers a Crown Court should have power to deal with the offender by imposing a sentence of detention under s.250 SA (i.e. a sentence in excess of 2 years’ detention is required)
2) Committal for sentence of dangerous young offenders
3) Committal for sentence for related offences
What is the principle aims of the youth justice system?
To prevent re-offending by children and young people
What are particular sentences which only apply to youth?
1) Detention and Training orders
2) Referral orders
and
3) Youth rehabilitation orders
What are the non-custodial sentences available for youths?
1) Youth Rehabilitation order
2) Referral orders
3) Reparation orders
and
4) Orders against parents (binding over/parenting order)
What is the statutory minimum of youth rehabilitation order?
No statutory minimum
What is the statutory maximum for youth rehabilitation order?
36 months
What is the statutory minimum of referral order?
3 months
What is the statutory maximum of referral order?
12 months
When can a youth rehabilitation order be passed?
The court must be satisfied that the offence is ‘serious enough’ to warrant it .
(Unless the court imposes a intensive supervision and surveillance requirement or a fostering requirement =Custodial threshold)
*Although the offence does not have to be imprisonable.
Does the offence have to be imprisonable for a youth rehabilitation order?
No
The court must be satisfied that the offence is ‘serious enough’ to warrant it .
*Although the offence does not have to be imprisonable.
How many times can a youth rehabilitation order be used?
YROs can be used a number of times
What are the possible requirements in a youth rehabilitation order ?
1) activity requirement;
2) supervision requirement;
3) unpaid work requirement
4) programme requirement;
5) attendance centre requirement;
6) prohibited activity requirement;
7) curfew requirement;
8) exclusion requirement;
9) electronic monitoring requirement;
10) residence requirement;
11) local authority residence requirement;
12) fostering requirement;
13) mental health treatment requirement;
14) drug treatment requirement;
15) intoxicating substance requirement;
16) education requirement;
and
17) intensive supervision and surveillance requirement.
What are the requirements that are only available for young people aged 16 or 17 years old on the date of conviction?
1) Unpaid work requirement
2) residence requirement
When can an unpaid work requirement be imposed?
16 or 17 years old on the date of conviction
When can an residence requirement be imposed?
16 or 17 years old on the date of conviction
What are the requirements that can only be imposed if the offence is imprisonable one and the custody threshold had been passed?
1) Intensive supervision and surveillance requirement
2) fostering requirement
*Custody threshold: ‘is so serious…’
When can a intensive supervision and surveillance requirement be imposed?
1) Offence is imprisonable
2) the custody threshold has been passed = is so serious…
3) 15 and over (under 15 they must be deemed a persistent offender)
What age can a intensive supervision and surveillance requirement be imposed?
15 and over
or
Under 15 BUT MUST be deemed a persistent offender
When can a fostering requirement be imposed?
1) Offence is imprisonable
2)The custody threshold has been passed = is so serious
3) 15 and over (under 15 they must be deemed a persistent offender)
What age can a fostering requirement be imposed?
15 and over
or
Under 15 BUT MUST be deemed a persistent offender
What is a referral order?
A referral order requires an offender to attend each of the meeting of a youth offender panel established for the offender by a youth offending team and to comply, for a particular period with a programme of behaviour to be agreed between the offender and the panel (essentially, they form of a contract)
What type of sentence is a youth rehabilitation order regarded as?
a community order (non-custodial)
Unless
court imposes intensive supervision and surveillance requirement or fostering requirement = Custodial sentence
What type of sentence is a referral order regarded as?
Community disposal and fines (non-custodial)
What happens at the end of a referral order?
A referral order is spent when it is discharged, which leaves the youth with a clean slate.
When is a referral order mandatory?
If the compulsory referral order conditions are satisfied:
1) where the young offender has not previously been convicted of an offence
and
2) the young offender pleads guilty to an imprisonable offence and any other offence being delt with by the court at the same time (connected offences)
In what circumstances does a compulsory order do not apply (even though the conditions are met)?
1) If the sentence is fixed by law
or
2) The court propose to impose a:
- Custodial sentence or
- Hospital order or
- Absolute discharge or
- Conditional discharge
What situation is a referral order discretionary?
An offender MAY receive a referral order:
1) On their second (or later) conviction
and/or
2) If the offender pleads guilty to the offence or a connected offence being delt with by the court
*Connected offence can NOT be punishable by imprisonment
In what circumstances can a referral order not be given?
Where:
1) The sentence is fixed by law
or
2) The court feels that an absolute or conditional charge is justified
or
3) The court is proposing to make a hospital order
or
4) The court considers that custody is the only correct disposal
If a young offender breaches a referral order, what is the consequences?
They may be referred back to the youth court.
The youth court may
1) revoke their referral order and deal with the youth in any manner in which he could have been dealt with for the offence
or
2) order the young offender to pay a fine
or
3) extend the length of the contract period.
If a young offender is convicted of another offence while subject to a referral order, what is the consequences?
They may be referred back to the youth court.
The youth court may
1) revoke their referral order and deal with the youth in any manner in which he could have been dealt with for the offence
or
2) order the young offender to pay a fine
or
3) extend the length of the contract period.
If a child or young person is in breach of a Youth Rehabilitation Order, what are the consequences?
The following options are available to the court:
1) Take no action and allow the order to continue in its original form
2) Impose a fine ( up to 2,500) and allow the order to continue in its original form)
3) amend the terms of the order
or
4) revoke the order and resentence the child or young person
What are the custodial sentences available for youths?
A Detention and Training Order
When can a Detention and Training order be passed?
where the an offence is ‘so serious that neither a fine alone nor a community sentence can be justified’
+
Child or young person has been convicted of an offence which is punishable by imprisonment in the case of an adult
Can a Detention and Training order be imposed on any offender aged 10 or 11?
No
Can a Detention and Training order be imposed on any offender aged 12-14?
No
UNLESS they are a persistent offender
What is the minimum sentence of a Detention and Training Order?
4 months
What is the maximum sentence of a Detention and Training Order?
24 months ( 2 years)
How long can a consecutive Detention and Training Order be imposed for?
up to an aggregate of 24 months (2 years)
What should the court take into account when imposing a detention and training order?
1) Circumstances
2) Age
and
3) Maturity of child or young person
Which court can impose a Detention and Training Order?
Youth and Crown Court
What is a Detention and Training order?
First half of DTO: spent in secure youth detention
Second Half of DTO: in community supervision
For Detention and Training order, who supervise the child or young person in the community?
The supervision is seen by the Youth Offending Teams
Is the court involved in deciding what the supervision must entail in the second half for a Detention and Training Order?
No
The second half is overseen by the Youth Offending Teams
How is the relevant guideline for sentencing decided in Detention and Training order?
When considering the relevant offence guidelines, the court may feel it appropriate to apply a sentence broadly with the region of
- Half to two thirds of the adult sentence to those aged 15 -17
and
- Allow a greater reduction for those aged under 15
What is a Long term detention under s.250 ‘grave crimes’?
Is when a child or young person is found guilty of a grave crime and neither a community or detention training order is suitable
Which court can impose a Long term detention under s.250 SA?
Crown Court
(Cases are sent to trail in Crown Court or committed for sentence only)
(Youth Court can NOT impose a grave crime, bec its more than 2 years)
What is a Dangerous offenders?
A custodial sentence, If a child or young person is found to be dangerous, they can be sentenced to extended detention or detention for life
What is Detention at His Majesty’s pleasure?
A custodial MADATORY sentence for any child or young person found guilty of committing a murder.
Minimum term 12 years
What is the minimum term for detention at his majesty’s pleasure?
12 years
What is Detention in a Young offenders institution?
Custodial sentence, for those aged between 18 -21
What offence can a youth court trial?
Summary trial and indictable only offence
What is the presumption for how the youths offences are delt with in the youth court?
Youths will be delt with summarily even for indictable offences
Where would youths have their first hearing usually?
Before the Youth Court
When can a youth have their first hearing before the adult magistrates court?
1) Youth is jointly charged with adult
2) The youth is charged with aiding and abetting an adult to commit an offence
3) An adult is charged with and abetting a youth to commit an offence
4) Youth is charged with an offence that arises out of the same circumstances as, or is connected with, an offence that an adult is charged with
What are the requirements, for an offence to be capable of being a grave crime?
1) Is the maximum offence of 14 years of imprisonment?
1 (a): No = cant be a grave crime
1(b): Yes = Requirement 2
2) Youth is likely to get a sentence of more than 2 years?
2 (a): No = can’t be a grave crime
2 (b): Yes = grave crime
Which court can impose an absolute discharge?
1) Youth court
2) Adult magistrates’ court
3) Crown Court
Which court can impose an conditional discharge?
1) Youth court
2) Adult magistrates’ court
3) Crown Court
Which court can impose a unlimited fine?
Crown court
Which court can impose a fine (limited)?
1) Youth Court
2) Adult magistrates’ court
Which court can impose a referral order?
1) Youth Court
2) Adult magistrates’ court
Which court can impose a reparation order?
1) Youth Court
2) Crown Court
Which court can impose a youth rehabilitation order?
1) Youth Court
2) Crown Court
Which court can impose detention and training order?
1) Youth Court
2) Crown Court
Which court can impose a parenting order?
1) Youth Court
2) Adult magistrates’ court
3) Crown Court
Which court can impose a parental bind over?
1) Youth Court
2) Adult magistrates court
Which court can impose a detention for a specified period s.250 sentencing Act 2020?
1) Crown Court
Which court can impose an extended detention for dangerous offenders?
1) Crown Court
Which court can impose a life for dangerous offenders?
2) Crown Court
Which court can impose a detention at his majesty’s pleasure?
1) Crown Court
When can the crown court impose a referral order?
Generally they cant but if :
1) on appeal
or
2) an exception
