Youth court procedure Flashcards
What is the principle aim of the youth justice system?
To prevent offending
What must the court have regard to to support the aim of preventing offending?
The welfare of the child or young person, take steps to remove them from undesirable surroundings and securing proper provision is made for education and training
What is the difference between young person and child?
Young person is 14-17
Child is 10-13
What is the general rule for a child charged with a criminal offence?
Should be tried in the youth court no matter the classification of the offence
Can a youth elect trial by a jury?
No, not even if charged with an indictable only offence
What are the exceptions to the rule or situations that may affect whether a youth should be tried in the youth court?
- age of the offender at the time of trial
- the offence charged
- whether they are jointly charged with an adult
What happens when the defendant is 17 when charged but turns 18 before their first appearance?
The youth court has no jurisdiction - if convicted the defendant will be subject to the full range of sentencing powers open to the adult mags
What happens if the defendant is 17 when charged and turns 18 after their first appearance but before trial?
The youth court has jurisdiction; the defendant may be tried in the youth court or remitted to the adult mags court. This is a discretion to remit.
- if the retained in the youth court they have full range of sentencing powers of adult mags
- if remitted there is no right to appeal the order of remission and if convicted the defendant subject to full powers of the adult mags
What happens if the defendant is 17 when charged and turns 18 during the trial but before the conclusion of the trial?
The youth court may deal with the case and make an order as if the defendant was still 17. Alternatively the youth court may remit the defendant for sentence in the adult mags court
What happens if a child or young person is charged with an homicide offence?
They must be sent forthwith to the Crown Court for trial without and indication of plea
What happens if a child or young person is charged with a firearms offence?
If the offence is subject to a mandatory minimum sentence of 3 years they must be sent forthwith to the Crown Court without indication of plea if they are 16 or over
What happens if a child or young person is charged with serious or complex fraud?
The case must be sent forthwith to the Crown Court with no indication of plea where notice is given by the prosecutor that it should be dealt with at the Crown court
When may the youth court send a youth to the Crown court without an indication of plea?
- where they have been charged with a specified offence
- the court considers them to be a dangerous offender
- a custodial term of at least 4 years would be imposed for the offence
What is a dangerous offender?
One where the court is of the opinion that there is a significant risk to the public of serious harm caused by the child or young person committing a further specified offences - significant risk is more than a mere possibility
What happens when the youth is charged with a grave crime?
The court must determine whether to retain jurisdiction or send the youth to the Crown Court for trial by conducting a plea before venue hearing
What is a grave crime?
- a serious offence
- sentence is not fixed
- punishable with imprisonment of 14 years or more for an adult offender aged 21 or over
What are examples of a grave crime?
- robbery
- s18 GBH
- aggravated criminal damage
- arson/aggravated arson
If a youth indicates a guilty plea to a grave crime what happens?
The offence should be treated as tried summarily and the court should proceed to sentencing with the ability to commit to the Crown Court
What is the test to be applied if a youth indicates a not guilty plea to a grave crime?
Is there a real prospect that a sentence in excess of two years detention will be imposed on the youth?
What is the maximum term of detention in the youth court?
24 months
Can a child aged 10-11 receive a sentence of detention?
No
Can a child aged 12-14 receive a sentence of detention?
There is no power to impose a sentence of detention in the youth court for 12-14 unless they are categorised as a persistent offender
Where a youth and an adult are jointly charged with a criminal offence where must the youth make their first appearance?
In the adult mags together with the adult
What happens to the youth if the adult is sent for trial in the Crown Court?
The court considers whether the crime is homicide, firearms, fraud or dangerous offender provision applies and if not a plea before venue will be undertaken.
- if guilty - sentenced or remitted to youth court for sentence
- not guilty - general rule is youth tried separately in youth court unless it is in the interests of justice to be tried together
What happens to the youth if the adult is to be tried in the mags court?
If pleading not guilty the youth should be tried with the adult in the mags court.
What happens if the adult charged with the youth pleads guilty?
The court will normally remit the youth to the youth court for trial
What must the court have regard to when it comes to sentencing a youth?
The principal aim of the youth justice system and the welfare of the child or young person
What should the sentencing of youths focus on?
Rehabilitation
What is a referral order?
An order requiring the youth to attend meetings with a youth offender panel and requires the youth to agree a contract. As part of the contract they must comply with a programme of behaviour designed to prevent reoffending. The programme will address the causes of the offending behaviour allowing the youth to take responsibility for the consequences of their actions
When is a referral order mandatory?
- the youth has no previous convictions
- the youth pleads guilty to an imprisonable offence
- the court is not proposing to impose a custodial sentence or make an absolute or conditional discharge
- the offence is not one which sentence is fixed by law
When may a referral order be made?
- guilty plea to non-imprisonable offence
- guilty to some offences but not guilty to others which they are convicted of
- previous convictions but never had a referral order
- had a referral order but the YOT recommends a further order and the court finds exceptional circumstances to justify
How long can a referral order last?
3-12 months
What is a detention and training order?
The only form of custodial sentence available to the youth court.
When can a detention and training order be made?
It can only be made where the court is of the opinion that the offence was ‘so serious that neither a fine alone nor a community sentence can be justified for the offence’ - a measure of last resort
What is a persistent offender?
No definition - it is for the court to decide. Guidelines suggest:
- three findings of guilt in the past 12 months for imprisonable offences of a comparable nature could justify as a persistent offender
- where the child is being sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time
How long can a detention and training order be imposed for?
A fixed period of 4, 6, 8, 10, 12, 18 or 24 months
What is a youth rehabilitation order?
A community sentence involving the imposition of one or more youth rehabilitation requirements which are designed to punish the youth, protect the public, reduce reoffending and to make reparation
What is the maximum period for a youth rehabilitation order?
3 years
