Youth Court And Juveniles Part 2

Question 1

Where are serious offences or crimes classed as grave (14 years plus for adults) by youths heard?

Answer 1

Crown Court

Question 2

What is biggest sentence YC can impose?

Answer 2

2 year detention order

Question 3

How can a case also go to Crown or Mags? (2)

Answer 3

1) If youth is jointly charged with an adult

2) If youth turns 18 during proceedings

Question 4

What is the RR used for juveniles in adult courts?

Answer 4

Section 45 of Youth Justice and Criminal Evidence Act 1999

Question 5

If a S45 is imposed what can you not do?

Answer 5

Not identity the Youth

Question 6

What can S45a do?

Answer 6

Give lifelong anonymity to juvenile witness, victim/ alleged victim - for ex juvenile witness is in distress about being identified therefore giving lifelong anonymity will improve quality of evidence

Question 7

Can S45A apply to young defendants?

Answer 7

Noooo!

Question 8

When can S45 be challenged? (3)

Answer 8

1) when order prevents proper reporting of a case
2) If order on young person protects adult defendant in a familial realtionship
3) if young person is dead

Question 9

What must you prove to lift or vary a S45?

Answer 9

That order imposes ‘a substantial and unreasonable restriction on reporting proceedings’

Question 10

What must the judge take into consideration about the defendant before lifting order?

Answer 10

Welfare and rights of defendant under ECHR

Question 11

What case can help you remember the lifting or S45?

Answer 11

Ann Magurie case

Murdered by Will Cornick 16

In PI

Was identified on Social media anyway

Put a ‘substantial and unreasonable restriction on reporting of proceedings’.

No legal reason for why juvenile can’t be named before proceedings are active (clause 9 states it’s unethical though)

Question 12

What case for S45 and familial relationship can you cite in exam where adult defendants named?

Answer 12

Shiregreen Murders

They murdered two of eldest sons, attempted to murder two others

Media only allowed to report genders of children left alive

Question 13

What order bans juvenile claimants, defendants or witnesses concerned in proceedings being named?

Answer 13

S39 of Children and Youth Persons Act 1933

Question 14

Why would a S39 be used?

Answer 14

Can be used by a coroner for a juvenile witness concerned in inquest proceedings.