Youth Court Procedure

Question 1

What is the principal aim of the youth justice system?

Answer 1

To prevent offending by children and young people.

The youth court must also have regard to the welfare of the juvenile.

Question 2

What is the role of the Youth Offending Team (YOT)?

Answer 2

Responsible for coordinating the provision of youth justice services in their particular local area.

Question 3

How does the YOT assist the youth court?

Answer 3

(a) investigating and confirming the personal circumstances and previous convictions of
juveniles;

(b) providing support for juveniles who are granted bail;

(c) preparing pre- sentence reports; and

(d) administering any non- custodial sentence imposed by the youth court.

Question 4

How are parents/guardians involved in youth proceedings?

Answer 4

A juvenile aged under 16 must be accompanied by their parents/guardians during each stage of proceedings.

For juveniles aged 16 or 17, the court has a discretion as to whether to make an order
requiring the attendance of the juvenile’s parents or guardian.

The court will want to hear the views of parents/guardians (particularly in relation to sentencing) and may direct
questions to them.

Question 5

Who is allowed to attend youth court hearings?

Answer 5

(a) the district judge/ youth justices

(b) court staff (such as the court clerk and usher)

(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.

Question 6

What are the reporting restrictions placed on the press regarding youth court hearings?

Answer 6

They cannot report the name, address, school, or any other details that are likely to lead to the identification of the juvenile.

Question 7

When do reporting restrictions end?

Answer 7

When the juvenile reaches the age of 18.

Question 8

What are the reporting restrictions in respect of juvenile witnesses?

Answer 8

There is a lifelong reporting restriction that the court may lift if it is in the public interest to reveal the juvenile’s identity.

Question 9

How are children under the age of 10 treated?

Answer 9

There is a conclusive presumption that children under the age of 10 cannot be guilty of committing a criminal offence.

Question 10

How are ‘children’ classified?

Answer 10

Juveniles aged between 10 and 13 inclusive.

Question 11

How are ‘young people’ classified

Answer 11

Juveniles aged between 14 and 17 inclusive.

Question 12

How are juveniles classified at the police station?

Answer 12

A suspect who is, or appears to be, under 18 years of age.

Question 13

How are juveniles in the youth court classified?

Answer 13

An individual under the age of 18

Question 14

Who is a persistent young offender?

Answer 14

A juvenile who has been sentenced on three separate occasions for one or more recordable offences (any offence for which a juvenile may receive a custodial sentence).

Question 15

What happens if a juvenile is charged with an offence aged 17, but turns 18 before their first appearance in the youth court?

Answer 15

The youth court does not have jurisdiction to deal with them and the case must be dealt with in the adult magistrates’ court.

Question 16

What happens If a juvenile makes his first appearance in the youth court before their 18th birthday, but becomes 18 whilst the case is ongoing?

Answer 16

The youth court may either remit the case to the adult magistrates’ court or retain the case.

Question 17

When must a juvenile’s case be tried in an adult court?

Answer 17

Where a juvenile is accused of a homicide offence, the case must be dealt with in the Crown Court.

For firearms offences, where the juvenile has attained the age of 16 at the time of the alleged offence, the case must be sent to the Crown Court.

Where the juvenile is to be tried jointly with an adult at the magistrates’ court.

Question 18

When may a juvenile’s case be tried in an adult court?

Answer 18

Where the juvenile commits a grave crime (offences which an offender aged 21 years or over may receive a custodial sentence of 14 years or more) and the youth court considers that their maximum sentencing powers are insufficient.

Where a juvenile is charged with an offence of violence or a sexual offence their case may be sent to the Crown Court, but only where they can properly be regarded as a ‘dangerous offender’

Where they are charged jointly with an adult and the co-defendant is being tried in the Crown Court

Question 19

What is the maximum sentencing power of the youth courts?

Answer 19

24-month detention and training order.

Question 20

Do juveniles have a right of election for the venue of trial?

Answer 20

No

Question 21

What is local authority accommodation?

Answer 21

Where 10-11 year olds are remanded in custody.

Once a juvenile reaches age 12 they may be moved to youth detention accommodation but there is a presumption that children between the ages of 12-17 will be remanded into local authority accommodation rather than youth detention accommodation.

Question 22

What are the conditions for remand into youth detention accommodation?

Answer 22

(i) The juvenile must be aged 12 to 17 years.

(ii) The juvenile must usually have legal representation.

(iii) The offence will need to be either a violent or sexual offence or one for which an adult
could be punished with a term of imprisonment of 14 years or more and that it is ‘very
likely the child will receive a custodial sentence’ for the present offence.

(iv) The court must believe a remand to youth detention accommodation is necessary either to protect the public from death or serious personal injury (physical or psychological)
occasioned by further offences committed by the juvenile, or to prevent the commission by
the juvenile of further imprisonable offences, and that the ‘risk posed by the child cannot be managed satisfactorily in the community’.

Question 23

What are the overarching principles of youth sentencing?

Answer 23

The approach should be individualistic

The sentence should be focused on rehabilitation.

A custodial sentence should always be a measure of last resort.

Promote rehabilitation into society rather than punishment.

Acknowledge the diminished culpability of a child.

The emotional and developmental age of a child is at least of equal importance to their chronological age.

Question 24

What is a referral order?

Answer 24

Must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence) and who has never previously been convicted or bound over by a court.

if the juvenile has entered a mixed plea (ie guilty to one or more offences but not guilty to others), the court has the power to make a referral order but is not obliged to do so.

The juvenile will be referred to a ‘youth offender panel’.

Question 25

What is a youth offender panel?

Answer 25

Comprises a member of the YOT and two community volunteers.

At the meetings, the panel will speak to the juvenile and their family with a view to:

(a) stopping any further offending;

(b) helping the juvenile right the wrong they did to their victim; and

(c) helping the juvenile with any problems they may have.

The panel will agree with the juvenile a ‘youth offender contract’ which is a programme
of behaviour designed to prevent the juvenile re- offending and will last between three
and 12 months.

Question 26

What is a youth rehabilitation order?

Answer 26

The equivalent of a generic community order for adult offenders.

It allows the court
to include one or more requirements to achieve punishment for the offence, protection of the public, reduction in re-offending and reparation (for a period of up to three years).

Question 27

What is a detention and training order (DTO)

Answer 27

A custodial sentence for youth offenders.

Question 28

What are the restrictions of a DTO?

Answer 28

The youth court should not impose a detention and training order unless it is of the opinion that the offence (or the combination of the offence and one or more offences associated with it) is so serious that neither a fine alone nor a community sentence can be justified for the offence, and the court must also consider whether a YRO with intensive supervision and surveillance is appropriate.

Detention and training orders cannot be imposed on juveniles aged 10 or 11. If a juvenile is
aged between 12 and 14 inclusive, an order may only be made if the court considers that the juvenile is a ‘persistent young offender’

The youth court has no power to suspend a detention and
training order for a juvenile.

Detention and training orders may now be ordered to run for
at least four months but must not exceed a total of 24 months.

A detention and training order may be imposed only if the court has received from the YOT a pre-sentence report that specifically addresses custody as a possible
sentencing option.

When the court makes such an order, the juvenile will be held in detention in a young offender
institution for one-half of the period of the order. They will then be released into the community under the supervision of the YOT for the second half of the order.