Youth Court Flashcards
What is the principle aim of the youth justice system?
To prevent offending by children and young persons. Any sentence must consider the child’s circumstances and what will benefit them most (considers welfare).
What is the role of the youth offending team? How do they assist the court?
Responsible for coordinating youth justice in their area.
YOT assist the court by:
(a) investigating and confirming personal circumstances and previous convictions of juveniles;
(b) providing support for juveniles who are granted bail;
(c) preparing pre-sentence reports; and
(d) administering any non-custodial sentence imposed by the YC
What is the role of a parent/guardian in the YC? At what age are they compulsory?
Under 16s must have their parent/guardian with them at all times, discretionary between 16-17.
They play an active role and may answer questions.
What is the means test for a youth?
N/A, automatically eligible for the means test, regardless of parental income.
How would a youth be classified as a Persistent Young Offender (PYO)?
If they have been sentenced on three separate occasions for one or more offences which may result in a custodial sentence.
What happens if a youth turns 18 during the trial?
If they turn 18 before their first hearing, the YC doesn’t have the jurisdiction to deal with it.
If they turn 18 after their first hearing, the YC can decide to retain (with the full sentencing powers) or remit the case.
What is a ‘grave crime’? Does the YC have jurisdiction in such a case?
An offence for which an offender 21 years or older may receive a custodial sentence of 14 years +.
The YC will only have jurisdiction to deal with such a case if their maximum sentencing powers are adequate.
When would a youth be sent to the CC?
(i) If jointly charged with an adult and it is deemed necessary in the interests of justice;
(ii) If it is a grave crime and the court determines there is a real prospect of D receiving a custodial sentence in excess of their sentencing power
When would a youth be sent to the MC?
If jointly charged with an adult and the MC isn’t going to impose a sentence.
If a sentence is to be given, it is more appropriate to remit to the YC.
Does a juvenile have the right of election?
No. If the YC accepts jurisdiction, that is where the case will be heard.
Where is a youth remanded when they are refused bail?
(i) Local authority accommodation;
(ii) Youth detention accommodation
What are the four conditions when remanding a juvenile in Youth Detention Accommodation?
(i) between 12-17 y/o;
(ii) must have legal representation;
(iii) offence an adult could have been imprisoned for 14+ years and it is likely the child receives a custodial sentence, or the youth has misbehaved on bail in the past;
(iv) court deems it necessary to protect the public from death or serious personal injury or to prevent further imprisonable offences
What is the purpose of the pre-sentence report?
Prepared by YOT, youth court must always obtain this report.
Report addresses suitability of sentences for a juvenile.
What types of sentences are given to juveniles?
(i) Referral orders (behaviour programme);
(ii) Youth rehabilitation orders (community order);
(iii) Detention and training orders
When must a referral order be made?
Where D has pled guilty and hasn’t previously been convicted or bound over by the court.
