Youth court/ juvenile client

Question 1

ID procedure - PACE code D

Answer 1

Consent must be obtained
If aged:
- 14 or over = consent from both the juvie and from parent/ guardian;
- under 14 = consent from only parent/ guardian

If suffering from mental health condition = consent must be given in the presence of the appropriate adult

Question 2

What are the 2 situations when juvenile can be kept in police custody after charge?

Answer 2

• If its not practicable to move the suspect to local authority accom; or
• if juvie is aged at least 12 + there’s no secure local authority accom available and keeping them in other accom would not be enough to protect the public from serious harm

Question 3

If detained in police station - how should they be detained?

Answer 3

• Must be kept seperate from adult suspects
• Must not be detained in a cell (unless it is not practicable to supervise them other than in a cell)
• Will normally be kept in a juvenile detention room

Question 4

If the conditions for detention are not satisfied

Answer 4

Then there are no grounds for custody officer to decide that its not possible to arrange the juvie’s transfer to a local authority care.

Question 5

What are alternatives to charging juveniles? [out of court systems]

Question 6

Who can authorise a youth caution/ youth conditional caution?

Answer 6

• Indictable only offences = will be referred to the CPS
• First time summary and either way offences = can be decided by the police
• Second and subsequent offences = Youth offending team first assesses and then police decide (joint decision)

Question 7

When can a youth caution be offered?

Answer 7

• There is sufficient evidence to charge the offender
• the offender admits they committed the office; and
• It’s not in the public interest to deal with it another way

A youth caution given to someone aged 17 or under must be given the presence of an appropriate adult