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Criminal Litigation > Youth Court > Flashcards

Youth Court Flashcards

1
Q

when will the youth justice system apply?

A

if youth is under 18 at date of first hearing

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2
Q

what is the youth court? (5 points)

A
  • court of summary jurisdiction
  • consist of either a District Judge sitting alone, or max 3 magistrates
  • automatic reporting restrictions = not allowed to publish any info which may identify the youth
  • public are excluded
  • less formalities than adult courts = lawyers remain seated and are not robed, parent and legal rep sit beside youth, judge talks directly to youth not through legal rep, youth addressed by first name
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3
Q

what is the location of First Hearing?

A

in the YC
UNLESS youth is jointly charged with an adult then first hearing is in MC

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4
Q

what is the plea before venue in the YC?

A

There is no plea before venue for a youth (b/c the YC will try the youth) – unless for:

  • Youth charged with an offence capable of being a grave crime (in YC)
  • Youth jointly charged with an adult for an either way or indictable only offence (in MC)
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5
Q

Where will the youth be tried?

A

Youths are tried in the YC regardless of the classification of the offence

(unless youth is charged with grave crime or jointly charged with adult)

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6
Q

what happens if youth is charged with a grave crime?

A
  • YC MAY send youth to CC for either trial or sentencing
  • PBV is done in YC
  • whether youth pleads G or NG, YC will consider the test and parties can make submissions for allocation
  • if the YC retains jurisdiction and Y pleads guilty or is later found guilty in YC = YC can commit the case to the CC for sentence
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7
Q

what is the test for grave crimes?

A

YC will send the case to the CC if:

  1. The offence falls under the definition of ‘grave crimes’
  • An offence which, for an adult, is punishable with 14 years imprisonment or more (indictable only offence, robbery, arson, burglary, sexual offences, firearms offences)
  1. The Youth Court must be of the view that it ‘ought to be possible’ to impose a sentence of more than 2 years detention (max sentence for YC)
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8
Q

what do the Sentencing Council Guidelines state for when the YC is considering allocating a grave crimes case to the CC? (2)

A
  • Sending a case to the CC should only take place if the offence is really serious and is of such gravity that a custodial sentence substantially exceeding 2 years is a realistic possibility
  • In cases where it will not be possible to decide this at that juncture, the YC is advised to retain jurisdiction and, if necessary, send the matter for sentence to the Crown Court at a later stage
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9
Q

what happens if a youth is jointly charged with an adult?

A
  • first hearing will be before the adult Magistrates Court with the adult
  • PBV in MC where adult then youth will indicate their plea
  • where the case is dealt with depends on the pleas and type of offence
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10
Q

what happens when an adult is sent to the crown court for trial and the youth indicates a not guilty plea at the MC?

A

MC will apply the interests of justice test to determine if it is in the interests of justice that the youth and adult be tried jointly in the crown court (P and D make representations)

  • if yes = MC sends youth to CC for trial (and CC cannot remit youth to YC for trial even if adult pleads guilty in CC)
  • if no = youth will be tried in YC
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11
Q

what is the interests of justice assessment? what are arguments for (7) and against (8)?

A

when adult is sent to CC for trial, MC will decide if it is in the interests of justice to send the youth with the adult to CC for trial

arguments for joint trial

  • Separate trials will cause injustice to witnesses or to the case as a whole because prosecution witnesses must give evidence twice
  • The Youth Court hearing the youth’s trial may reach a different and inconsistent verdict to the jury in the adult’s Crown Court trial
  • Youth is not very young
  • Age gap between youth and adult is small
  • Youth is relatively not immature
  • Youth’s relative culpability is not minor, and the youth played a major role in the offence
  • The youth has been convicted before

arguments against joint trial

  • Not sending the youth to the Youth Court will mean that the youth will not be tried in the court best equipped to deal with youths (particularly young offenders may find the Crown Court intimidating)
  • Separate trials will not cause injustice to witnesses or to the case as a whole
  • Youth is really young
  • Age gap between the youth and the adult
  • The adult exerted influence over the youth
  • The youth’s relative culpability and role in the offence is minor
  • The youth has no prior convictions
  • Also – if charged with a grave crime – then the court must bear in mind that it can commit for sentence if the youth is charged with a grave crime
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12
Q

if the youth is found guilty at the CC, where is the youth sentenced?

A

CC must remit the youth for sentencing to the YC unless it would be undesirable

  • undesirable = YC has expertise with sentencing youths but CC decided guilt so may be desirable to decide sentncing
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13
Q

if the adult is to be tried in the MC and the youth indicates a not guilty plea, where will the youth be tried? and where will the youth be sentenced?

A
  • youth is tried in the MC with the adult
  • if youth is found guilty = MC must consider if their sentencing powers are appropriate and, if not, must remit the youth to the YC to be sentenced (MC cannot impose a YRO or a DTO)
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14
Q

if the adult pleads guilty in the MC and the youth indicates a not guilty plea, where will the youth be tried?

A

MC may try the youth without the adult but are more likely to remit the youth to the YC for trial as this is the most appropriate venue for the youth to be tried

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15
Q

what happens if the youth jointly charged with an adult indicates a guilty plea at the first hearing in the MC?

A

MC must consider if their sentencing powers are appropriate and, if not, must remit the youth to the YC to be sentenced (MC cannot impose a YRO or a DTO)

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16
Q

if the youth is jointly charged with the adult with a grave crime and indicates a not guilty plea, where will they be tried?

A
  • MC first applies grave crime test (if a sentence substantially in excess of 2 years DTP must be available
  • if test is met = youth tried in CC
  • if test is not met = MC considers adult’s plea
  • adult pleads not guilty and is sent to CC = MC will consider if it is in the interests of justice for the youth to be tried with the adult (if yes then CC; if no then YC)
  • adult pleads not guilty and is tried in MC = youth jointly tried with adult in MC
  • if adult pleads guilty = youth sent to YC
17
Q

in what cases may the court that tried and convicted the youth not be the court that sentences them?

A
  1. youth tried in MC (jointly charged with adult) = MC can remit youth to YC for sentencing if it thinks its powers are not appropriate (MC cannot pass YRO and DTO)
  2. youth convicted of grave crime = may be committed to the CC for sentencing if the YC thinks a sentence substantially in excess of 2 years DTO ought to be imposed
  3. youth jointly charged with adult and sent to CC for trial and found guilty in CC = CC must remit to YC for sentencing unless undesirable
18
Q

what is a Youth Rehabilitation Order? when can it be imposed?

A
  • YRO = non-custodial sentence where courts impose requirements for the youth to complete in the community within the specified time limit (e.g., curfew, programme, attendance centre, prohibited activity, residence requirement, etc.)
  • threshold = The court must be satisfied that the offence is serious enough to warrant a YRO (but the offence does not have to be imprisonable)
  • cannot be imposed by MC
  • offence does not have to be imprisonable (unlike adult community order)
19
Q

what is the maximum time limit a YRO can be imposed for?

A

3 years (like adult community order)

20
Q

what happens if a youth breaches a YRO?

A

will be brought before YC which has the following options:

  • Take no action and allow the order to continue its original term
  • Impose a fine and allow the order to continue its original term
  • Amend the terms of the order (make it more onerous)
  • Revoke the order and re-sentence the youth
21
Q

what is a referral order?

A

A referral order requires an offender:

  • to attend each of the meetings of a youth offender panel established for the offender by the youth offending team AND
  • to comply with a behaviour programme for a particular period
22
Q

what are the duration restrictions for a referral order?

A
  • minimum = 3 months
  • maximum = 1 year
23
Q

when is a referral order the mandatory sentence?

A
  1. youth has not previously been convicted of an offence, and
  2. youth pleaded guilty to an imprisonable offence
24
Q

when may the court not impose a referral order (even where mandatory)? (3)

A
  • court considers that custody is the only correct disposal
  • sentence is fixed by law
  • court feels that an absolute or conditional discharge is justified
25
Q

what happens if a youth breaches a referral order?

A

If the youth breaches the referral order or is convicted of another offence while subject to a referral order = he may be referred back to the Youth Court and the YC may revoke it, extend it, impose fine, or resentence

26
Q

what is a detention and training order? when can it be imposed?

A
  • DTO = a custodial sentence where the first half of the DTO is spent in secure youth detention and the second in the community under supervision overseen by the Youth Offending Team
  • Threshold = A custodial sentence can only be imposed where the offence is so serious that neither a fine nor a community sentence is justified – and must always be used as a last resort
27
Q

what are the requirements to impose a DTO?

A
  • threshold is met = the offence is so serious that neither a fine nor a community sentence is justified
  • youth is convicted of an offence imprisonable for an adult
  • youth is 15 or older (but allowed for 12-14 y/o if they are a PYO)
  • cannot be imposed by MC
28
Q

what are the duration restrictions for a DTO?

A
  • Minimum = 4 months
  • Maximum = 2 years (including any consecutive DTOs aggregated)
29
Q

what do the youth sentencing guidelines say about imposing a DTO? (5)

A
  • The custodial term must be the shortest in relation to the seriousness of the offence
  • Any case that warrants a DTO of less than 4 months must result in a non-custodial sentence
  • Court must consider circumstances, age, and maturity of the youth
  • Community alternatives to a DTO are an intensive supervision and surveillance requirement or a fostering requirement
  • Court may feel it appropriate to apply a sentence of 1/2 or 1/3 of an adult sentence for 15-17 y/o and shorter for younger
30
Q

what sentence can the CC impose if youth is convicted of a grave crime?

A

CC can impose long-term detention

  • unless YRO or DTO is more suitable
  • BUT if D pleaded guilty, a 2-year DTO may be more appropriate

(YC cannot impose - this is why allocation for grave crime occurs)

31
Q

what is a persistent young offender?

A

There is no statutory definition but youth may be classified as a PYO if:

  • they have been convicted or plead guilty in relation to an imprisonable offence at least 3 times in the past 12 months
  • they are sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time, even if they have no previous convictions

Criminal Litigation (24 decks)

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