Youth Courts Flashcards

1
Q

Young Person

A

14-17

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2
Q

Child

A

10-13

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3
Q

Test for a youth caution

A
  1. The constable decides there is insufficient evidence to charge Y
  2. Y admits to committing the offence
  3. The constable does not consider Y should be prosecuted.
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4
Q

When Y MUST be tried in the CC

A
  1. Homicide
  2. Specified offence and D is dangerous
  3. Where a mandatory minimum applies.
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5
Q

When Y MAY be tried in the CC

A

When it “ought to be possible” to sentence Y under s.91 PCC(S)A 2000 - offences carrying at least 14 years.

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6
Q

When will a youth first appear in the adult mags

A

When charged with an adult

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7
Q

When the Adult is sent to the CC

A

Y is sent too, if “necessary in the interests of justice”

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8
Q

When the Adult pleads guilty and stays in the mags

A

Either tired or remitted

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9
Q

Adult pleads not guilty and tried in the mags

A

Joint charge - MUST stay

Enterprise charge - May stay

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10
Q

When is a referral order mandatory

A
  1. D pleads guilty to all offences.
  2. D has never been convicted before
    UNLESS not in the interests of justice.
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11
Q

When will a youth rehabilitation order be made?

A
  1. the offence is serious enough

2. the restriction of liberty is proportionate.

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12
Q

Requirements for a Detention and Training Order

A
  1. The custody threshold is passed
  2. The max sentence for an adult would be at least 4 months.
  3. 12-17 at date of conviction.
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13
Q

Additional requirements for a DTO when Y is 12-14

A
  1. A persistent offender, or

5. The offence is specified in s.91

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14
Q

The CC must remit a juvenile to the YC for sentencing unless…

A

Satisfied it would be undesirable to do so.

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15
Q

Make up of a YC

A

1 DJ or 3 mags (1 man and 1 woman)

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16
Q

4 examples of how the procedure in a TC differs to adult court

A
  1. U17 you are presumed to need special measures
  2. Y is addressed by first name
  3. YP does not swear but promises and children give evidence unsworn
  4. Y is not convicted there is a finding of guilt.
17
Q

If a Youth under a Youth rehabilitation order breaches his conditions 2 times then the court can…

A
  1. Take no action
  2. Fine
  3. Amend
  4. Revoke and sentence.
18
Q

If a Youth rehab order is breached three times then the Y is a wilful and persistent offender and can be put under

A

Intensive surveillance

19
Q

Following a DTO is the Y breaches he conditions on suspension he may be

A
  1. Fined, or

2. Sent back to custody for up to 3 months.

20
Q

A youth may only be detained in a Young Offenders Institute if he is

A

18-20