Youth Court Procedure Flashcards
What ages will the following terms be used for:
(1) Adult
(2) Juvenile
(3) Young person / offender
(4) Child
(1) 18 and over
(2) Under 18
(3) 14 to 17
(4) 13 and under
At what age does Criminal Liability begin in the UK?
10
(1) What is the main aim of the Youth Court?
(2) What should also be taken into account within this aim?
(1) Prevent REOFFENDING
(2) WELFARE (of Juvenile)
When a Juvenile attends the Youth Court MUST they be accompanied by a PARENT or GUARDIAN?
Yes IF 15 or under
(1) What is the GENERAL on where a Juvenile will be TRIED?
(2) What are the
(1) Juvenile TRIED at YOUTH COURT except when:
(2)
(a) Jointly charged with an adult
(b) ‘Serious Offence’
(c) Grave Crime
An exception to the rule that a juvenile will be Tried at the ‘Youth Court’ is if they are ‘Jointly Charged With an Adult.
What are the rules for where a Juvenile will be (a) Tried and (b) Sentenced if the ADULT jointly charged with is Tried at:
(1) Adult tried at Crown Court
(2) Adult tried at Magistrates’ Court
(1) Adult at CC
Tried - CC if in ‘interests of justice’ (if not - YC)
Sentenced - likely YC
(2) Adult at MC:
Tried - MC if in ‘interests of justice) (if not YC)
Sentenced - likely YC
When deciding whether a Juvenile JOINTLY CHARGED with an Adult should be Tried at the Crown Court:
(1) What test is used?
(2) What are 5 key factors that make up this test?
(1) ‘Interests of Justice’ to be Tried at CC
(2)
(a) AGE (of Juvenile)
(b) AGE GAP (between adult and juvenile)
(c) MATURITY (of Juvenile)
(d) ROLE PLAYED / LEVEL OF CULPABILITY
(e) PRIOR CONVICTIONS
If an offence is the following, MAY or MUST the Juvenile be Tried at the Crown Court?
(1) ‘Serious Offence’
(2) ‘Grave Crime’
(1) MUST Tried at CC
(2) MAY be Tried at CC
An exception to the rule that a juvenile will be Tried at the ‘Youth Court’ is if they are charged with a ‘SERIOUS OFFENCE’:
What are the main 4 examples of these?
(1) Murder
(2) Manslaughter
(3) Firearm offence
(4) SERIOUS Fraud
If a Juvenile is charged with a ‘SERIOUS OFFENCE’:
(1) Where will their case be sent for Trial?
(2) Will a PLEA be entered at the Youth Court?
(1) From YC to CC IMMEDIATELY
(2) No plea at YC
An exception to the rule that a juvenile will be Tried at the ‘Youth Court’ is if they are charged with a ‘GRAVE CRIME’:
(1) What is a ‘Grave Crime’?
(2) What are the 3 main examples of a ‘Grave Crime’
(1) MAX Sentence > 14 years
(2)
(a) Robbery
(b) S18 GBH
(c) Aggravated Burglary
A Juvenile charged with a ‘Grave Crime’ MAY be Tried at the YC or CC.
What test is used to determine if they should be Tried at the CC?
Tried at CC IF ‘REAL PROSPECT’ of a Sentence OVER 2 years
If a Juvenile is charged with a ‘Grave Crime’ at what court will they make their plea?
Youth Court
What is the MAXIMUM Sentencing power of the Youth Court?
2 years (DTO)
There are 2 components to how the Youth Court considers Sentencing.
What are these? (Component 2 is made up of 5 factors)
(1) PURPOSE OF YC - i.e. stop Reoffending (+ Welfare of Juvenile)
(2) Consider 5 factors:
(a) AGE
(b) SERIOUSNESS (of Offence) (harm + culplability)
(c) Likelihood commit FUTHER OFFENCES
(d) HARM Likely from further offences in (c)
(e) AGGRAVATING / MITIGATING factors
What are the 3 Orders available to the Youth Court?
(1) Referral Orders (ROs)
(2) Youth Rehabilitation Orders (YROs)
(3) Detention and Training Orders (DTOs)
What is the most common type of Order given to a Juvenile by the Youth Court?
Referral Order (RO)
(1) What is a ‘Referral Order’ (RO)?
(2) What are 2 examples of this?
(1) CONTRACT with an Offender that they must complete a PROGRAMME to prevent REOFFENDING
(2)
(a) Community Service
(b) Letter of apology to V
How long can a Referral Order (RO) last?
Between 3 and 12 months
Of the below courts, which are able to grant a ‘Referral Order’ (RO)?
(a) Youth Court
(b) Magistrates’ Court
(c) Crown Court
Youth Court and Magistrates’ Court
(NOT Crown Court)
A ‘Referral Order (RO) MUST be used for what type of Juvenile Offender. There are 3 components?
(1) Pled GUILTY
(2) To an IMPRISONABLE OFFENCE
(3) No PRIOR CONVICTIONS
If a ‘Referral Order’ (RO) is BREACHED what 2 possible consequences are there?
(1) Extended (MAX 3 months)
(2) Issue Another RO
(1) What is a ‘Youth Rehabilitation Order’
(2) Give 3 examples of this?
(1) Series of PUNISHMENTS
(2)
(a) Unpaid work
(b) Curfew
(c) Drug / alcohol rehabilitation programme
What is the only type of CUSTODIAL Sentence the Youth Court can give?
Detention and Training Order
What is a Detention and Training Order (DTO)? There are 2 components
(1) Half Sentence - Young Offenders Institution
(2) Other Half - In Community under Supervision
How long can a Detention and Training Order (DTO) be used for?
4 to 24 months
(1) When should a Detention and Training Order (DTO) be used?
(2) What is the TEST for its use?
(1) Last Resort
(2) Offence ‘SO SERIOUS’ a Fine or YRO cannot be justified
Can a Detention and Training Order (DTO) be used for a juvenile of the following ages:
(1) 10 - 11
(2) 12 - 14
(3) 15 - 17
(1) NO
(2) Only IF ‘Persistent Offender’
(3) YES
There is NO set definition of a ‘Persistent Offender’ (court has discretion). What type of Offender will LIKELY be classed as one?
3 x Imprisonable Offences in past 12 months
