Youth Courts Flashcards
Young Person
14-17
Child
10-13
Test for a youth caution
- The constable decides there is insufficient evidence to charge Y
- Y admits to committing the offence
- The constable does not consider Y should be prosecuted.
When Y MUST be tried in the CC
- Homicide
- Specified offence and D is dangerous
- Where a mandatory minimum applies.
When Y MAY be tried in the CC
When it “ought to be possible” to sentence Y under s.91 PCC(S)A 2000 - offences carrying at least 14 years.
When will a youth first appear in the adult mags
When charged with an adult
When the Adult is sent to the CC
Y is sent too, if “necessary in the interests of justice”
When the Adult pleads guilty and stays in the mags
Either tired or remitted
Adult pleads not guilty and tried in the mags
Joint charge - MUST stay
Enterprise charge - May stay
When is a referral order mandatory
- D pleads guilty to all offences.
- D has never been convicted before
UNLESS not in the interests of justice.
When will a youth rehabilitation order be made?
- the offence is serious enough
2. the restriction of liberty is proportionate.
Requirements for a Detention and Training Order
- The custody threshold is passed
- The max sentence for an adult would be at least 4 months.
- 12-17 at date of conviction.
Additional requirements for a DTO when Y is 12-14
- A persistent offender, or
5. The offence is specified in s.91
The CC must remit a juvenile to the YC for sentencing unless…
Satisfied it would be undesirable to do so.
Make up of a YC
1 DJ or 3 mags (1 man and 1 woman)
