Youth Courts Flashcards
What is an adult for the purposes of the youth court?
Anyone over 18
What is a child?
Any under 14
What is a young person?
Between 14 and 18
Does the right to select trial by indictment exist in the youth court?
No - the YC can send up, but it is their choice
When must a child or young person be tried in teh crown court?
Homicide (murder or manslaughter)
Firearms offence where s.311 applies and the accused is 16 at the time of the offence
When may a child or young person be tried in the crown court?
If charged with:
Offences to which s.249 of the sentencing act applies (carrying at least 14 years imprisonment if an adult) or one specified in s.249
Specified terrorist offences which are likely to receive a sentence of two years or more
An offence which falls within the ambit of the dangerous offender provisions
an adult co-accused
When may a child or young person be tried in an adult mags?
With an adult co-accused
Are youth courts public?
No
When must the court require a parent or guardian to attend the court?
Accused is under 16
Exception if the court consider it would be unreasonable in all the circumstances to require one to
What are the changes to terminology used in the youth court?
finding of guilt = conviction
sentence - order made on the finding of guilt
Note - do not apply on indictment, but do apply if tried summarily in adult mags
What is the YC plea before venue procedure?
Child or young person indicates a plea
If intention is guilty, then plea is entered at this point and the court moves to sentencing
If intention is NG then magistrates will determine allocation.
Consider whether s.249 applies, will consider whether being tried against adults, will consider interests of justice
Can Plea Before Venue happen without young offender present?
Yes - if represented and teh court considers their behaviour disorderly enough to make it impractical to have them there
When will a child or young person be sent to the crown court with an adult?
If for an indictable offence, when in the interests of justice
If summary, must be imprisonable or discretionary disqualification from driving
How will the court determine whether to send with an adult offender?
Will hear representations
Will consider interests of justice and balance with potential harm being charged in crown court
There is a general presumption in favour of the youth court, but rebuttable
What power does the adult mags have to sentence a young person?
The adult mags can make one of the following orders:
Absolute discharge
conditional discharge
a fine (up to £1000 if 14+, £250 if younger)
Require parents to enter into a recognizance to exercise proper control over the offender
Referral order
What will the adult mags do if sentencing powers are not appropriate
May remit to youth court
If a young person is being tried with an adult who is tried summarily, how will they be treated by the mags?
If both young offender and adult pleads NG at PBVH then adult court must try them
If adult pleads guilty and young offender pleads NG then the adult court may try them (though will likely remit)
For the purposes of sentencing, how is a persons age determined?
It is deemed to be that which it appears to the court after considering any available evidence
What sentences are available to the youth court?
Detention and training orders
Fines (1000 over 14, 250 if younger)
Youth rehabilitation orders
referral and reparation orders
absolute and conditional discharges
What is the maximum compensation order the youth court can make?
£5000
When can the youth court commit for sentence?
Where s.249 applies (14 years in prison as an adult or sexual offences or firearms offences)
Where an extended sentence under the dangerous offender provisions applies
What are the sentencing powers of teh crown court for young people?
If s.249 applies the crown court can give an order for detention which does not exceed the maximum sentence for an adult offender for the same offence
Who can be given a detention and training order?
Child over 12 or young person
If younger than 15 must be a persistent offender
Must have been convicted of an offence punishable by imprisonment if an adult
and the maximum term for an adult for that offence is 4 months
What is a detention and training order?
order for a period of detention followed by a period of supervision
