Youth Courts Flashcards

1
Q

Terminology:

A

Juvenile: Person under 18

Adult: 18 and over

Child: Under 14

Young Person: Between 14 and 17

Persistent Young Offender: If convicted or made subject to pre-court disposal involving admission 3 times in 12 months

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2
Q

When must parents/ guardians be present?

A

If accused under 16 - must attend with youth at all stages

If 16/17 then parent or guardian MAY attend

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3
Q

First appearance of Youth:

A

Most will first appear in YC unless they appear in MC because:

  • Jointly charged with an adult
  • Youth is jointly charged with aiding and abetting adult
  • Adult is charged with aiding and abetting youth
  • Youth is charged with an offence that arises out of the same circumstances as an adult
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4
Q

When MUST a youth be tried in CC?

A
  • Charged with homicide
  • Charged with a firearms offence with a mandatory minimum sentence
  • Serious fraud or child case
  • Meets criteria for receiving an extended sentence (dangerous offender sentence)
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5
Q

When MAY a youth be tried in CC?

A
  • An offence to which PCC(S)A s. 91 applies, (grave crimes) offences carrying at least 14 years imprisonment in the case of an adult, depending on whether a sentence in excess of 2 years is likely to be appropriate
  • where charged alongside an adult who is to be tried in CC, may be also sent to CC but only if it is necessary in the interests of justice to do so
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