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FLK2 - Criminal Practice > Youth Court > Flashcards

Youth Court Flashcards

1
Q

what is the principal aim of the youth court?

A

The principal aim of the youth justice system is to prevent offending by children and young persons

all those in the youth justice system must have regard to this aim

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2
Q

what is YOTs? what is their role?

A
  • YOTS = youth offending team
  • deal with youth justice system in their area
  • there will a YOT member sitting at the youth court
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3
Q

how do YOTs assist the court?

A
  • investigate circumstances and pre-cons of Js
  • support Js granted bail
  • prepare pre-sentence reports
  • administer non-custodial sentences imposed by the youth court
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4
Q

what is the position regarding parental attendance at youth hearings?

A
  • under 16 > must be accompanied by a parent / guardian at each stage of the proceedings unless the court is satisfied this would be unreasonable
  • 16 / 17 > court has discretion whether to order parent/guardian attendance
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5
Q

what is the role of parent/guardians at the hearing?

A
  • play an active role
  • court will want to hear their views and may direct Qs to them
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6
Q

give a list of those usually allowed to attend youth court

A

(a) the district judge/youth justices
(b) court staff
(c) the juvenile and his parents or guardian
(d) the CPS representative
(e) the juvenile’s solicitor
(f) a representative from the YOT
(g) members of the press

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7
Q

what are the reporting restrictions?

A

the press cannot report J’s name, address, school or any other feature which may lead them to be identified

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8
Q

when do reporting restrictions in relation to Ds end?

A

those that relate specifically to Js end automatically when they turn 18

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9
Q

what are the reporting restrictions in relation to minor Ws and victims?

A

those under the age of 18 during the proceedings have lifelong reporting restriction

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10
Q

what discretion does the court have re: reporting restrictions? when should this be used?

A

the court can lift the restrictions to:
1) avoid injustice; or
2) following conviction, if it is in the interests of justice

this should not be used as an ‘extra punishment’. It should only be used when there is a real public benefit to disclosure

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11
Q

what is the position regarding public funding?

A
  • representation orders are applied in the same way as adults and the LAA apply the same tests, but the LAA must consider D’s age
  • D will always satisfy the means test (irrespective of actual means)
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12
Q

who will hear the case?

A

a DJ or bench of youth justices

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13
Q

what is the age range for Ds in youth court?

A

10 - 17

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14
Q

what is the position in relation to those under the age of 10?

A

there is a conclusive presumption they cannot be guilty of an offence.

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15
Q

from what age are Js subject to criminal law in the same way as adults?

A

from age 10

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16
Q

who are ‘children’?

A

Js in youth court aged between 10 - 13 inclusive

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17
Q

who are ‘young people’?

A

Js in youth court aged between 14 - 17 inclusive

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18
Q

explain the term ‘juveniles’ when used at the police station and court

A

juvenile is a collective term for those under 18

  • police station > J who appears to be under 18
  • court > J who is under 18
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19
Q

what is a persistent young offender?

A

J who has been sentenced on three separate occasions for one or more recordable offences

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20
Q

what is a recordable offence?

A

any offence for which a juvenile may receive a custodial sentence

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21
Q

what is the position regarding PYOs?

A

their case will be expedited

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22
Q

how is youth court different to adult MC?

A
  • layout less formal. All participants sit at same level (rather than bench in a raised dock)
  • J usually sits in from of solicitors
  • straightforward language encouraged
  • solicitors remain seated when addressing the court
  • J & W referred to by their name
  • W’s promise rather than ‘swear’ when they give evidence
  • Child W’s under 14 give unsworn evidence
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23
Q

what language is used rather than ‘conviction and ‘sentence’

A
  • conviction> ‘finding of guilt’
  • sentence > ‘order upon finding of guilt’
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24
Q

explain the position regarding directions

A

court will give standard directions to comply with ahead of the trial (same as MC directions)

unless they are are PYO, then expedited directions will be given

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25
Q

what is the trial procedure?

A

same as in adult MC

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26
Q

what happens if J is 17 when charged with the offence but turns 18 before their first appearance?

A

youth court does not have jurisdiction and must send them to the adult MC

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27
Q

what is the position if D turns 17 during the proceedings?

A

the youth court can send the court to adult MC or keep the case

if it keeps the case, it would have the full sentencing power that the adult MC would have if dealing with a J

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28
Q

re: mode of trial

what is the starting point for determining the mode of trial?

A

the trial should take place in the youth court

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29
Q

re: mode of trial

when must the case be sent to the crown court?

A
  • J is accused of a homicide offence (i.e. murder or manslaughter)
  • J is accused of a firearm offence and was 16 at the time of the offence
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30
Q

re: mode of trial

A
31
Q

what is a grave crime?

A

offences where an offender 21 years or over may receive a custodial sentence of 14 years or more (i.e. robbery, rape, assault by penetration, s18) or is a certain sexual offence (i.e. sexual assault)

32
Q

what is the position regarding grave crimes?

A

the youth court can accept jurisdiction or send the case to the crown court

the youth court should only send the case to the CC if they consider their max sentencing powers are insufficient of J is convicted and that if the case were before the CC there is a real possibility they would impose a long-term detention (i.e. because this is more appropriate)

33
Q

when may the court send the case to the crown court?

A
  • if it is a grave crime
  • if it is a violent or sexual offence and J is a ‘dangerous offender’
  • if J is jointly tried with an adults and it is necessary in the interests of justice for case to be sent to the crown crown
34
Q

explain the position regarding ‘dangerous offenders

A

if J has committed a voilent or sexual offence and they are a dangerous offender (i.e. if it appears to the court that the criteria would be met for the imposition of automatic life imprisonment, discretionary life imprisonment or an extended sentence) the juvenile is likely to have their case sent to the Crown Court.

35
Q

what is the position where J is tried jointly with an adult?

A

Adult’s case in CC > J may be sent to CC if it is in the interests of justice

Adult’s case in MC > adult and J will be jointly tried in the MC

36
Q

if an adult and J are jointly tried in MC and convicted, what happens?

A

MC normally remit the case to the youth court for sentencing unless they are issuing a fine or discharge, then MC will sentence

37
Q

in cases which may be sent to the CC, what is the procedure? explain the effect of any plea.

A
  • J will be asked to indicate their plea
  • J pleads G > youth court will sentence or send to CC for sentence if they believe their sentencing powers are inadequate
  • J pleads NG > similar allocation procedure as to the in the adult MC.
38
Q

where the case may be sent to the CC and J pleads NG, what is the allocation procedure?

A

same as in the adult MC, but J does not have a right of election. If youth court accepts jurisdiction, the trial must take place at the youth court

39
Q

where can the youth court remand a J?

A
  • on bail (with or without conditions)
  • into local authority accommodation or youth detention accommodation
  • into custody if they are 17
40
Q

what will the court consider when deciding whether to grant bail?

A
  • YOT report outlining J’s antecedents, previous bail record, home situation, school/work attendance
41
Q

what happens if J is refused bail?

A

they are remanded to either:
- LA accommodation / youth detention accommodation; or
- custody, if they are 17

42
Q

re: bail

what is the position regarding bail and 10 & 11 years olds?

A

they must be remanded on bail or to LA accommodation (i.e. not a youth detention accommodation)

43
Q

re: bail

what happens if J turns 12 during the proceedings?

A

they can be remanded to youth detention accommodation, if necessary

44
Q

when are the considerations when remaining a child to a youth detention accommodation?

A
  • best interest and welfare of J to be considered
  • Must be aged 12 - 17 and there is a presumption they will be remanded in LA accommodation, rather than youth detention accommodation
  • Must usually have legal rep
  • either:
    1. it is a sexual / violent offence which has a max sentence of 14 years and is likely J will receive a custodial sentence; or
    2. ‘a recent and significant history’ of absconding from LA/youth detention accomm; or
    3. ‘recent and significant history’ of committing imprisonable offences whilst on bail or remanded to LA/youth detention accomm
  • it is necessary to either:
    1. protect the public from death or serious physical/mental injury; 2. prevent the commission of further imprisonable offences
  • the risk posed cannot be managed in the community
45
Q

what is the sentencing procedure?

A

very similar as to in adult trials i.e. P explains case, D gives plea in mitigation

court may also want to hear from parents

46
Q

what is the position regarding the pre-sentence report?

A

the court must usually always obtain a PSR before sentencing

the court place great weight on the report.

the court may adjourn for a pre-sentence report or may ask for a stand down report (i.e. a verbal report at the hearing to avoid the need to adjourn)

47
Q

how will the court influence a pre-sentence report?

A

the court will usually indicate the type of sentence they have in mind when it orders the report and the report will address J’s suitability for the sentence

48
Q

what are the principles under the ‘General Approach’ sentencing guideline?

A

When sentencing, the court must have regard to:

Principle aim of YJS

Welfare of youth
* Starting point  seriousness of offence. Should also consider:
o Rehabilitation where possible
o Positive and negative effect on sentence
o Other factors which may have contributed to behaviour

Custodial sentence should always be a last resort for young people. Should only be imposed when the offence is so serious no other sanction is appropriate

Consider restorative justice

Child’s development age is equally as important as chronological age. Need to consider external influences i.e. peer pressure, impulsivity

49
Q

what is the approach under the ‘Determining Sentence’ sentencing guideline?

A

When sentencing, the court must have regard to:
o Principle aim of YJS
o Welfare of youth
o Age of youth
o Seriousness of offence
o Likelihood of further offences being committed
o Extent of harm to others

Starting point  seriousness of offence. Need to consider:
o Culpability of youth i.e. did they intend to cause harm? Did they reasonably foresee? Was it planned? Level of force?
o Harm  level of physical and psychological harm caused to V, loss to V and extent of damage (and reasonably foreseeable)

Mitigating and aggravating factors

50
Q

what is the approach to sentencing?

A

the court must apply the sentencing guideline for the offence

they must also consider the general approach to sentencing juveniles and guidelines on determining a J’s sentence

51
Q

what sentences might the court pass?

A
  • referral order
  • youth rehabilitation order
  • detention and training order
52
Q

re: referral order

when must this be made?

A

must be made where J has:
1. plead G to an offence which carries a possible custodial sentence (NB: must pled G)
2. has never been convicted or bound over by the court

unless the court is imposing a custodial sentence or absolute discharge

53
Q

re: referral order

when does the court have discretion to make a referral order?

A

where D has been charged with multiple offences and pleads G to some and other others. In this case, the court has the power to make a referral order but isn’t obliged to do so.

J must still have not been convicted or bound over by the court before.

NB: if D is charged with only one offence, they must plead G or this is not available

54
Q

re: referral order

can the court make a second referral order?

A

only in exceptional circumstances

55
Q

re: referral order

what happens if this order is made?

A

J is referred to a youth offender panel and ‘youth offender contract’ will be agreed between J, their family and the panel

56
Q

re: referral order

who is on the youth offending panel?

A

YOT member and two community volunteers

57
Q

re: referral order

what is discussed at the youth offender panel meetings?

A

discuss the best way to:
- stop further offending
- help J right their wrong
- help J with any problems

58
Q

re: referral order

what is a youth offender contract?

A

a programme of behaviour designed to prevent J re-offending

it will last 3 - 12 months

terms are agreed by panel and J (i.e. not the court)

59
Q

re: youth rehabilitation order

what is this?

A

very similar to a generic community order for adults. Similar requirements can be imposed.

60
Q

re: youth rehabilitation order

how long can this be in place?

A

up to 3 years

61
Q

re: youth rehabilitation order

what is the purpose of this?

A

it allows requirements to be imposed to achieve sentencing aims, i.e.:
- punishment
- public protection
- deterrent
- reparation

62
Q

re: detention and training order

what is this?

A

a custodial sentence.

it is the only custodial sentence the youth court can impose.

63
Q

re: detention and training order

when can this be imposed?

A

only if the offence (or combination of offences) is so serious that neither a fine nor community sentence is justified

the court must also consider whether a YRO with strict requirements would be appropriate and if not, provide reasons

64
Q

re: detention and training order

explain this order and various age ranges

A
  • 10 or 11 > cannot impose
  • 12 and 14 (inc) > only if J is a PYO
  • 15 or over > no such restriction
65
Q

re: detention and training order

can this be suspended?

A

no

66
Q

re: detention and training order

what is the min and max duration of this order?

A

min > 4m
max > 24m

67
Q

re: detention and training order

what must the court consider when deciding the length of the sentence?

A

it must be for the shortest period of time the court consider commensurate with the seriousness of the offence (or combined offences)

68
Q

re: detention and training order

what is a requirement for imposing this order?

A

the court must have a PSR from YOT which addresses custody as a sentencing option

69
Q

re: detention and training order

if an order is made, where is J held?

A

in a youth offender institution

70
Q

re: detention and training order

how does J spend the sentence?

A

1st half is spent in a youth offender institution and 2nd half in the community under the supervision of YOT

71
Q

re: detention and training order

when J is released on supervision, who decides the requirements and what are they?

A

YOTs decide (not the court). It is likely to include tagging and intensive supervision

72
Q

re: detention and training order

what happens if D breaches once on supervision?

A

they can be punished for the breach

73
Q

what rights of appeal does J have?

A

the same as an adult offender in the MC

FLK2 - Criminal Practice (11 decks)

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