Youth Court Procedure

Question 1

What ages will the following terms be used for:
(1) Adult
(2) Juvenile
(3) Young person / offender
(4) Child

Answer 1

(1) 18 and over
(2) Under 18
(3) 14 to 17
(4) 13 and under

Question 2

At what age does Criminal Liability begin in the UK?

Answer 2

10

Question 3

(1) What is the main aim of the Youth Court?
(2) What should also be taken into account within this aim?

Answer 3

(1) Prevent REOFFENDING
(2) WELFARE (of Juvenile)

Question 4

When a Juvenile attends the Youth Court MUST they be accompanied by a PARENT or GUARDIAN?

Answer 4

Yes IF 15 or under

Question 5

(1) What is the GENERAL on where a Juvenile will be TRIED?
(2) What are the

Answer 5

(1) Juvenile TRIED at YOUTH COURT except when:
(2)
(a) Jointly charged with an adult
(b) ‘Serious Offence’
(c) Grave Crime

Question 6

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

Answer 6

(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

Question 7

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?

Answer 7

(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

Question 8

If an offence is the following, MAY or MUST the Juvenile be Tried at the Crown Court?
(1) ‘Serious Offence’
(2) ‘Grave Crime’

Answer 8

(1) MUST Tried at CC
(2) MAY be Tried at CC

Question 9

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?

Answer 9

(1) Murder
(2) Manslaughter
(3) Firearm offence
(4) SERIOUS Fraud

Question 10

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?

Answer 10

(1) From YC to CC IMMEDIATELY
(2) No plea at YC

Question 11

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’

Answer 11

(1) MAX Sentence > 14 years

(2)
(a) Robbery
(b) S18 GBH
(c) Aggravated Burglary

Question 12

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?

Answer 12

Tried at CC IF ‘REAL PROSPECT’ of a Sentence OVER 2 years

Question 13

If a Juvenile is charged with a ‘Grave Crime’ at what court will they make their plea?

Answer 13

Youth Court

Question 14

What is the MAXIMUM Sentencing power of the Youth Court?

Answer 14

2 years (DTO)

Question 15

There are 2 components to how the Youth Court considers Sentencing.

What are these? (Component 2 is made up of 5 factors)

Answer 15

(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

Question 16

What are the 3 Orders available to the Youth Court?

Answer 16

(1) Referral Orders (ROs)
(2) Youth Rehabilitation Orders (YROs)
(3) Detention and Training Orders (DTOs)

Question 17

What is the most common type of Order given to a Juvenile by the Youth Court?

Answer 17

Referral Order (RO)

Question 18

(1) What is a ‘Referral Order’ (RO)?
(2) What are 2 examples of this?

Answer 18

(1) CONTRACT with an Offender that they must complete a PROGRAMME to prevent REOFFENDING

(2)
(a) Community Service
(b) Letter of apology to V

Question 19

How long can a Referral Order (RO) last?

Answer 19

Between 3 and 12 months

Question 20

Of the below courts, which are able to grant a ‘Referral Order’ (RO)?
(a) Youth Court
(b) Magistrates’ Court
(c) Crown Court

Answer 20

Youth Court and Magistrates’ Court
(NOT Crown Court)

Question 21

A ‘Referral Order (RO) MUST be used for what type of Juvenile Offender. There are 3 components?

Answer 21

(1) Pled GUILTY
(2) To an IMPRISONABLE OFFENCE
(3) No PRIOR CONVICTIONS

Question 22

If a ‘Referral Order’ (RO) is BREACHED what 2 possible consequences are there?

Answer 22

(1) Extended (MAX 3 months)
(2) Issue Another RO

Question 23

(1) What is a ‘Youth Rehabilitation Order’
(2) Give 3 examples of this?

Answer 23

(1) Series of PUNISHMENTS
(2)
(a) Unpaid work
(b) Curfew
(c) Drug / alcohol rehabilitation programme

Question 24

What is the only type of CUSTODIAL Sentence the Youth Court can give?

Answer 24

Detention and Training Order

Question 25

What is a Detention and Training Order (DTO)? There are 2 components

Answer 25

(1) Half Sentence - Young Offenders Institution
(2) Other Half - In Community under Supervision

Question 26

How long can a Detention and Training Order (DTO) be used for?

Answer 26

4 to 24 months

Question 27

(1) When should a Detention and Training Order (DTO) be used?
(2) What is the TEST for its use?

Answer 27

(1) Last Resort
(2) Offence ‘SO SERIOUS’ a Fine or YRO cannot be justified

Question 28

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

Answer 28

(1) NO
(2) Only IF ‘Persistent Offender’
(3) YES

Question 29

There is NO set definition of a ‘Persistent Offender’ (court has discretion). What type of Offender will LIKELY be classed as one?

Answer 29

3 x Imprisonable Offences in past 12 months