Youth Court

Question 1

3 scenarios in which the first appearance of a child/young person will NOT be in the Youth Court

Answer 1

1) jointly charged with an adult
2) charged with aiding/abetting an adult to commit an offence
3) charged with an offence arising from the same circumstances as a charge faced by an adult

Question 2

3 scenarios in which a child/young person MAY be sent for trial in the Crown Court

Answer 2

1) charged alongside adult AND it is in the interests of justice
2) charged with offence carrying 14+years OR s.91 sex offence, AND there is a real prospect of 24+ months detention
3) charged with specified offence AND likely to be found to be “dangerous”

Question 3

1 scenario in which child/young person MUST be sent to magistrates court for hearing

Answer 3

If jointly charged with an adult and both plead not guilty

Question 4

2 scenarios in which child/young person MUST be sent to Crown Court for trial

Answer 4

1) charged with homicide offence (no PBV)

2) 16+ and charged with firearms offence

Question 5

Summary offences:
ADULT - pleads guilty
CHILD/YP - pleads not guilty

Answer 5

Mags may try child/young person, but will likely remit

Question 6

Summary offences:

CHILD/YP - pleads guilty (but charged alongside adult so first appearance - at which plea given - is in the Mags)

Answer 6

Mags must remit to youth court if their sentencing powers are inappropriate

Question 7

5 sentences that may be imposed on a child/young person by the magistrates’ court

Answer 7

1) absolute discharge
2) conditional discharge
3) fine (up to £1k if 14+; up to £250 otherwise)
4) parents to pay recognizance
5) referral order

Question 8

Maximum sentence that may be imposed by youth court

Answer 8

24 month DTO

Question 9

Minimum and maximum compliance periods for a referral order

Answer 9

Minimum: 3 months
Maximum: 12 months

Question 10

Referral Order must be imposed if these four conditions are met

Answer 10

1) offender U18
2) guilty plea
3) offence is imprisonable
4) court does not wish to impose custodial sentence

Question 11

Maximum length of a Youth Rehabilitation Order

Answer 11

3 years

Question 12

3 conditions before a Detention and Training Order can be given

Answer 12

1) Offender U18
2) Offender 12+
3) Offence would be imprisonable if committed by an adult

Question 13

Grounds for imposing DTO if offender aged 15-17

Answer 13

1) Offence is “so serious” that it justifies custody

Question 14

Grounds for imposing DTO if offender aged 12-14

Answer 14

1) Offence is “so serious” that it justifies custody; AND

2) Persistent offender

Question 15

Minimum and maximum terms for DTO

Answer 15

Minimum: 4 months
Maximum: 24 months

Question 16

Classic case where Referral Order is likely to be imposed

Answer 16

Where:

1) offender’s first offence
2) they pled guilty
3) it was out of character