Youth court procedure Flashcards
What is the principal aim of youth justice?
To prevent offending by children and young persons
When MUST a juvenile be accompanies by a parent/guardian?
If under 16- must be present at every stage of proceedings, unless it’d be unreasonable
When MAY an order be made for parent/guardian attendance?
If juvenile is 16-17
When can the court lift the under 18 reporting restrictions?
To avoid injustice, or if identity reveal is in the public interest after conviction
Who is a “persistent young offender”?
Juvenile sentenced on 3 separate ocassions for 1 or more recordable offences (offences for which may receive custodial sentence)
What is a conviction called?
Finding of guilt
What is a sentence called?
Order upon a finding of guilt
When MUST a juvenile be sent to the CC?
- homicide offences (murder/manslaughter)
- firearms offences (if 16+ at time of offence)
When MAY a juvenile be sent to the CC?
- grave crimes (14+ years of custody)
- specified offences (violence/sexual offences)
- charged jointly with adult, who’s tried in CC (if it’s in interest of justice)
Who is remanded into LA accomodation?
- if 10-11, must only be remanded into LA accommodation
- if 12-17, there’s a presumption of remand into LA accommodation
Which 2 things must the court always have regard to when sentencing?
- principal aim (preventing offending), and
- welfare of the juvenile
When MUST a referral order be made?
If the juvenile pleads guilty to offence with a possible custodial sentence, who was never previously convicted/bound by court, unless court proposes custody/absolute discharge
When can a detention and training order be imposed?
Only if the offence/associated offences are so serious that a fine or community sentence cannot be justified
What is the allowed duration of a detention and training order?
4 - 24 months
Which ages can a detention and training order be made for?
- Never at 10-11
- Only if it’s “persistent young offender” at 12-14
- No restriction if 15/above
