Youth courts Flashcards
what ages are tried in the youth courts
10-17
Why is age significant?
The relevant age for the purpose of sentencing s the age of the offender at the date of conviction
when can the youth court commit a youth to the CC for sentence
- when the youth is charges with certain serious offences. The powers of committal apply to youth convicted of a grave crime where the sentence is in excess of two years- committal for sentence of dangerous young offenders, or committal of offences for related offences.
max for rehabilitation order
minimum and maximum for referral orders
max rehab- 36 months
minimum referral- 3 months
max referral- 12 months
what are the rules for YRO?
What must be satisfied?
Age requirements?
when can intensive supervision and surveillance and fostering requirements be imposed?
- needs to be satisfied that the offence is serious enough to warrant it, although it does not have to be imprisonable
- unpaid work is only available for those who are 16/17 at the date of conviction
- intensive surveillance and fostering requirements are only available If the offence is imprisonable and the custody threshold has been passed. For youths under 15 they must be deemed persistent offender
Referral orders
what do they requires?
when are they mandatory?
when are they discretionary ?
what happens if a youth order is breached?
Required an offered to attach each of the meetings of the youth offender panel established for the offender by a youth offending team and to comply with a programme of behaviour to be agreed between the offender and the panel.
mandatory- when it is first offence and pleads guilty to an imprisonable offence
discretionary- where it is their second or later conviction/ or the offender pleads guilty.
If breached, they made be referred back to the youth court
Referral orders
what do they requires?
when are they mandatory?
when are they discretionary ?
what happens if a youth order is breached?
Required an offered to attach each of the meetings of the youth offender panel established for the offender by a youth offending team and to comply with a programme of behaviour to be agreed between the offender and the panel.
mandatory- when it is first offence and pleads guilty to an imprisonable offence
discretionary- where it is their second or later conviction/ or the offender pleads guilty.
If breached, they made be referred back to the youth court
what are the custodial sentences available to the YC? what are minimum and max length?
when can a youth be sentenced by CC?
what are the custodial sentences available to the YC? what are minimum and max length?
when can a youth be sentenced by CC?
- detention and training orders are the only custodial sentences available to YC
minimum- 4 moths
maximum- 24 months
can be given a long term detention by CC under s250 SA 2020 If community order nor a DTO is suitable
where will the location for hearing be if a youth is charged with an adult
Adults MC
when will a youth be sent to CC?
- if the youth is charged with homicide, firearms with a mandatory sentence of three years minimum, served with a notice in serous fraud or child or charged with a specified offence and meets the dangerous criterial, they will always be sent to CC
what will the courts consider if an adult is sent to the CC for trial and the youth is tried on the same matter?
the MC will consider whether its in the interest of justice for the youth and the adult to be tried jointly
what will the courts consider if an adult is sent to the CC for trial and the youth is tried on the same matter?
the MC will consider whether its in the interest of justice for the youth and the adult to be tried jointly .
Both prosecution and defence make representations.
what will the courts consider if an adult is sent to the CC for trial and the youth is tried on the same matter?
the MC will consider whether its in the interest of justice for the youth and the adult to be tried jointly .
Both prosecution and defence make representations.
what happens once a youth is sent to the CC
