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Criminal Practice > Youth Court Procedure > Flashcards

Youth Court Procedure Flashcards

1
Q

What is the aim of the youth justice system?

A

Prevent offending by children and young persons.

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2
Q

What is the role of the Youth Offending Team YOT?

A

Responsible for coordinating the provision of youth justice services in particualr local areas.

Member of YOT will attend each sitting of the youth court.

Likely to be member of probation service.

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3
Q

What ill YOT assist in ?

A

Investigating ad confirming personal circumstnaces and previous convictions of juveniles

Providing support for juveniles who are granted bail

Preparing pre-setnence reports,

Administering any non-custodial setnence imposed by the court.

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4
Q

What are the role of parents in the youth courts

A

Under 16, must be accompanied by parent or guarded during each stage.

16-17, court has discretion

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5
Q

Who is allowed int he hearing in the youth court?

A

District judge
Court staff
Juvenile and parents
CPS representative
Juveniles solicitor
Representative from YOT
Members of press (restricted

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6
Q

What is seciton 78 of criminal justice and court act?

A

Allows for lifelong reporting restriction in respect of victim or witness who is under age of 18

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7
Q

What legal aid is allowed in youth court?

A

Means test - all juveniles under 18 will be automatically liable.

Representation orders are applied isn’t eh same way. Interests of justice test as well.

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8
Q

Where is the youth court based and what is its jurisdiction?

A

Part of the magistrates court system.

Therefore take place either a district judge or bench of youth justices.

Youth court deals with 10-18 inclusive.

10 and over are subject to criminal law same was as adult. Under 10, cannot be guilty of committing criminal offence.

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9
Q

What are the classification of different juveniles?

A

10-13 - children
14-17 young people

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10
Q

What are persistent young offenders?

A

Juvenile who has been sentenced on 3 separate occasions for one or more recordable offences

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11
Q

What are the difference between adult magistrates court and youth court?

A

Layout is less forma, sitting, sit with CPS representative and solicitor, straight forward landguade, actual names, unsworn evidence if under 14.

Magistrates have special training in youth justice matters.

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12
Q

What happens if juvenile turns 18 prior to first appearance in youth court?

A

Court does not have jurisdiction to deal with them,t Hereford adult magistrates. If before 18 then changes, youth court may either remit case to adult, or retain cause, with full setnencing powers of adult

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13
Q

Which situations must the juvenile be sent to an adult court (magistrates or crown)

A

Homicide: must be crown

Firearms: if 16, must be crown

Grave crimes (offender of 21 over, may receive 14 years in prison). Youth court may accept jurisdiction, or sent to crown court fo trial. Must consider that its max setnencing is 24 month detention adn training order, probably insufficient

Specified offences - may be sent to crown court, but only if dangerous offender

Jointly charged with adult: if adults case is in crown, juvenile MAY be sent to crown. If adults cas in magistrates, they will be tried togehter in adults.

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14
Q

What powers does the youth court have to remand a juvenile?

A

On bail with or without conditions
Into local authority accommodation
If 17 over, into custody

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15
Q

What are he consequences of refusing bail to juvenile?

A

Local authority accommodation : 10-11 years old May ONLY go here. If reaches 12 during time, can go to detention accommodation

Youth detention accommodation : 4 conditions set for this.

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16
Q

What are the 4 conditions set for youth detention accommodation as custody for youth?

A

Youth court must consider best interests and welfare of child.

Juvenile must be age 12-17
Must have legal representation

Offender will need to be other violent or sexual offence, one that adult could be 14 years.
Court must believe a remand to youth detention accommodation is necessary either to protect public from death or serious harm, or prevent commission of juvenile to furhter offences.

17
Q

What is the setnencing procedure in youth court?

A

Similar to adults. Will hear from parents as well.

Pre-setnence report prepared by YOT.

18
Q

What is teh role of the setnecning children and young people guidelines?

A

Must have regard to principle as of youth justice system,a dn welfare of child or young person

Seriousness is first point, but must be individualistic,

Domestic and international laws dictate that custodial setnence should be measured of LAST RESORT

Important to bear in mind any factors that may diminish culpability of a child or young person

Benefit from addressing behaviour, therefore not prison.

19
Q

What must the youth court consider when determine setnence for youth?

A

Seriousness of offence, approach to setnencing, seriousness and culpability of child, assessing harm, consider any aggravating and mitigating factors.

20
Q

What are referral orders for youth court

A

Referral order must be made for juvenile who pleads guilty to an offence, and who has never previously been convicted or bound by court.

Cannot be made unless juvenile pleases guilty to offence.

Juvenile will be referred to a youth offender panel, aim to stop any further offending and help right thr worng.

21
Q

What is youth rehabilitation orders YRO

A

Equivalent of community order

22
Q

What are detention adn training orders for youth?

A

Only the of custodial setnence available,
Must be of opinion that offence is SO SERIOUS that they must consider.

23
Q

Who can receive a detention and training order?

A

Cannot be imposed age 10-11.

12-14 inclusive, if persistent young offender
15 r over, no restriction.

24
Q

How long is detention orders for youths?

A

At least 4 months, but must not exceed a total of 24 moths.

25
Q

Appeal from youth cour?

A

Type of magistrate court, therefore can appeal same as that.

Criminal Practice (13 decks)

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