Youth Courts Flashcards
What are the ages for:
- adult
- child
- young person
- criminal responsibility
adult: 18 or over (but an adult for sentencing is 21)
child: under 14
young person: 14-17
criminal responsibility: 10
Describe how a youth court is similar/different to an adult mags court
- youth courts are essentially magistrates courts and a trial in the YC is merely a summary trial
- but youth courts have jurisdiction to try offences which, in the case of an adult, are triable only on indictment
Can a youth defendant elect trial in the CC if the YC has accepted jurisdiction
No, the most they can do is make representations as to where the trial should be heard
When MUST a child/young person be tried in the CC
homicide offences
firearm offences
When MAY a child/young person be treid in the CC
- offence carries at least 14 years imprisonment in case of an adult
- offence falls within the dangerous offender provisions
- tried alongside an adult accused in the CC
When may/must a child/young person have a parent/guardian present at trial
Under 16: must (unless it is unreasonable to require attendance with regard to the circumstances)
Over 16: may
What are the words ‘conviction’ and ‘sentene’ changed to in the YC.
When is this change of terminology used
finding of guilt
order made on the finding of guilt
used in YC and adult mags but not in the CC
If a child is jointly charged with an adult who is to be tried in the CC, where will the child’s plea before venue be?
Adult mags
Will there always be a plea before venue hearing for a young offender?
No
Only when there is a possibility that the young offender will be tried in the CC
If a child is charged with an adult who is being tried in the CC, when will the child be sent to the CC
the court shall send the child if it considers it necessary in the interests of justice
If the child is sent for trial alongside an adult if the child has any related offences, where will these offences be tried?
the court may send the child to the CC for any related offences. But only if punishable with imprisonment or disqualification
What factors will the cour take into account when determining whether to send the young offender to the CC
age and maturity
comparative culpability in relation to the offence
previous convictions
whether the trial can be severed without injustice or undue inconvenience to witnesses
If the youth is charged with an adult and the mags decide that it will be tried in the CC, can the CC remir the youth back to the YC?
No
This still applies if the adult pleads guilty in the CC so the youth will be tried alone in the CC
What happens where a youth is charged with an adult but not sent to the CC with the adult?
If G: mags will sentence if their powers are adequate, if powers not adequate they will remit toYC for sentence
If NG: mags may try him or remit to YC for trial (but generally he will be remitted to YC for trial)
What happens if the adult pleads NG and is being tried summarily?
If child NG: mags must try him
if child G/found G: mags will remit to YC for sentence if mags powers inadequate
What happens if the adult pleads G and child NG for summary offence
adult mags try child or remit to YC. But much more likely to remit to YC
Where will the youths court of first appearance be?
Youth court
unless exceptional case:
- jointly charged with adult
- aiding/abetting adult
- charged with offence out of same circumstances as adult
What is the custodial sentence for a young offender
detention and training order
Can a detetnion and training order be imposed on all young offenders?
No
Only imposed on under 15’s if they are persistent offenders
not available for offenders under 12
What are the min/max period of a detention and training order
min: 4 months
max: 24 months
Can the max period of detention and training order ever be extended?
only if D sentenced for offence which carries 14 years for adult
or child sexual offences
then they can be detained for the period of the mx sentence of imprisonment
When must the court commit D to CC for sentence
- carries 14 years imprisonment
- extended sentence required
- sent for trial but indicates a G plea for other offences
what are the 5 principle sentences for youths?
detention and training orders
fines
youth rehabilitation orders
referral orders and reparation orders
absolute and conditional discharges
what does a youth rehabilitation order consist of?
its a community sentence
max length: 3 years
involves at least one rehabilitation requirement
pre sentence reports are required
What does a referral order consist of
D attends meetings with a youth offender panel
this panel established for the indiviadual offencer by a youth offending team
the panel agrees a ‘contract’ with D which aims to tackle offender behaviour and causes
only available when D pleads guilty
may run concurrently or consecutively
total period should not exceed 12 months
