YOUTH COURT PROCEDURE

Question 1

5

what is youth court procedure

Answer 1

1. The Youth Court is a part of the Magistrates’ Court and deals with youths aged between 10 (the age of criminal responsibility below which a person cannot be guilty of an offence) and 17.
2. Proceedings are conducted in a closed courtroom where the public are excluded.
3. The press is permitted to attend but is subject to reporting restrictions that prevent the publication of any details likely to lead to the identifcation of the defendant.
4. Proceedings are conducted in a less formal manner with representatives remaining seated when they address the bench and all parties, including the defendant,
   sitting at the same level.
5. Formalities of address are also
   largely dispensed with, and there is an increased emphasis on using plain English.

Question 2

JURISDICTION

Answer 2

If a youth turns age 18 during the course of proceedings, the Youth Court may elect to retain the case for trial or remit the case to the adult Magistrates’ Court. In either event, the court will have the full range of sentencing options available in the adult court upon conviction.

Question 3

3

CRIMES THAT MUST BE SENT TO CROWN COURT

Answer 3

1. Murder, attempted murder, or manslaughter;
2. Certain frearm offences; and
3. Specifed violent, sexual, or terrorism ofences where the
   youth is considered dangerous.

Question 4

4

GRAVE CRIMES

Answer 4

1. A ‘grave crime’ is an offence punishable in the adult court by a sentence of 14 years or more, such as robbery, rape, or a specifed frearms or sexual offence.
2. When a youth appears charged with a grave crime, the Youth Court considers the adequacy of its sentencing powers in determining whether to accept jurisdiction.
3. The Youth Court should send cases to the Crown Court only if it feels its maximum sentence is insufficient and that a sentence of long term detention would be more appropriate.
4. The court must conclude that there is** a real prospect** of a custodial sentence of substantially more than 2 years to decline jurisdiction.

Question 5

YOUTHS JOINTLYCHARGED WITH AN ADULT

Answer 5

1. If a youth is jointly charged with an adult who is sent to the Crown Court for trial, the youth will also be sent to the Crown Court for trial.
2. If a youth is jointly charged with an adult standing trial in the Magistrates’ Court, the youth will be tried alongside the adult in the Magistrates’ Court.

Question 6

2

SENTENCING

Answer 6

1. The Sentencing Children and Young People Definitive Guidelines provide comprehensive guidelines to both Magistrates’ and Crown Courts on: (1) the types of sentencesavailable when dealing with youths and (2) the purpose androle of sentencing when dealing with youths.
2. There is an emphasis on rehabilitation, on avoiding criminalising youths unnecessaily, and on getting young offenders to take responsibility for their actions.

Question 7

4

Referral Orders

Answer 7

1. A referral order involves a referral to the Youth Offender Panel.
2. The panel comprises a member of the youth offending team and two community representatives.
3. The panel will meet with the youth and their family and agree a contract from 3 to 12 months in length) aiming to address the
   youth’s offending, address their issues, and make restitution to the victim.
4. If the youth commits further offences whilst subject to a referral order, or if the terms of the order are breached, the court has discretion on whether to permit the order to continue or to revoke the order and resentence.

Question 8

Youth Rehabilitation Orders

Answer 8

1. A youth rehabilitation order can last up to 3 years and can include a variety of conditions, including supervision (attending appointments with the probation service), unpaid work (completing up to 240 hours of unpaid work over a maximum of** 12 months**), activities (making restitution to the victim or addressing their offending behaviour), programmes (such as anger management), curfew, exclusion from a specifed area, and residence requirements, amongst others.

Question 9

Detention and Training Orders

Answer 9

A detention and training order is the custodial sentence available to the Youth Court.
1. For defendants aged 10 and 11, a detention and training order is not available
2. For defendants aged 12 to 14, an order is available only or persistent young offenders. A persistent young offender is a defendant who has been sentenced on 3 occasions for an offence punishable by imprisonment.
3. For defendants aged 15 to 17, an order can be imposed on any offender as long as the court is of the opinion that the case is so serious that only a custodial sentence is justifed.

A detention and training order can be imposed for a period
of four, 6, 8, 10, 12, 18, or 24 months. The first half of the sentence will be spent in custody, and the second half of the sentence will be spent under the supervision of the Youth
Offending Team. The Youth Offending Team, rather than the
court, will decide the conditions of the supervision period.