Youth MCQs Flashcards
Your client is 15 years old and has been charged with assault occasioning actual bodily harm (an either way offence) alongside an adult (a friend who is 19 years old). You speak to your client before court and he asks you what will happen at court and where will he be tried. Your client intends to plead not guilty, as does his co-defendant.
Which of these best summarises what will happen at the court hearing?
The co-defendant will plead not guilty and the magistrates’ court will determine whether they should retain jurisdiction. If they decline jurisdiction or the co-defendant elects Crown Court trial then the co-defendant will be tried in the Crown Court and your client will be tried in the Youth Court separately.
The co-defendant will plead not guilty and the magistrates’ court will determine whether they should retain jurisdiction. If they accept jurisdiction then the case will remain in the magistrates’ court and neither defendant can elect Crown Court trial.
The co-defendant will plead not guilty and the magistrates’ court will determine whether they should retain jurisdiction. If they decline jurisdiction or the co-defendant elects Crown Court trial then your client will be asked whether he wishes to elect Crown Court trial or be tried in the magistrates’ court.
The co-defendant will plead not guilty and the magistrates’ court will determine whether they should retain jurisdiction. If they decline jurisdiction or the co-defendant elects Crown Court trial then the magistrates will consider mode of trial for your client. The court will consider whether it is necessary and in the interests of justice to send him to be tried with the adult.
The co-defendant will plead not guilty and the magistrates’ court will determine whether they should retain jurisdiction. If they decline jurisdiction or the co-defendant elects Crown Court trial then your client will be asked whether he wishes to elect Crown Court trial or be tried in the Youth Court
The co-defendant will plead not guilty and the magistrates’ court will determine whether they should retain jurisdiction. If they decline jurisdiction or the co-defendant elects Crown Court trial then the magistrates will consider mode of trial for your client. The court will consider whether it is necessary and in the interests of justice to send him to be tried with the adult.
Correct. The first appearance will be in the adult magistrates’ court. If the magistrates have determined that the adult should be tried in the Crown Court then they must proceed to the mode of trial procedure. The criterion is whether it is ‘necessary in the interests of justice’ to send the youth to be tried with the adult (s.51(7) Crime and Disorder Act 1998).
The other answers while plausible are incorrect:
- A youth cannot elect Crown Court trial, and would by tried in the Youth Court (not adult magistrates’ court) in any event.
- A youth cannot elect Crown Court trial.
- If the adult co-defendant is to be tried in the Crown Court the youth will not automatically be tried separately in the Youth Court. It is for the magistrates’ to determine whether it is the interests of justice to try them together or separately.
- An adult charged with a youth is still able to elect Crown Court trial. Though a youth has no right to elect Crown Court.
Your client is 16 and she has been jointly charged with a 24 year old woman for an offence of theft. Both defendants appear before the magistrates’ court for their first hearing. The co-defendant pleads not guilty, and the court accepts jurisdiction of the matter. The co-defendant consents to summary trial. Your client also pleads not guilty.
Where will your client be tried?
Your client and the co-defendant will be tried in the Youth Court
If your client elects Crown Court then both her and the co-defendant will be tried in the Crown Court.
Your client and the co-defendant will be tried in the adult magistrates’ court.
If your client elects Crown Court then she will be tried in the Crown Court and the co-defendant will be tried in the adult magistrates’ court.
Your client will be tried in the Youth Court, and the co-defendant will be tried in the adult magistrates’ court.
Your client and the co-defendant will be tried in the adult magistrates’ court.
Correct. She must be tried in the adult magistrates’s court. There is no option to elect and the co-defendant adult cannot be tried in the Youth Court. So this matter will stay in the adult magistrates’ court.
The other answers whilst plausible are not correct:
- Both defendants cannot be tried in the Youth Court as the co-defendant is an adult.
- A youth cannot elect Crown Court.
- For a joint offence both defendants must be dealt with in the same court.
- A youth cannot elect Crown Court (leaving the adult co-defendant in the magistrates’ court)
Your client is 16 and facing trial at the Youth Court for wounding with intent to cause grievous bodily harm (s.18 OAPA - an offence which can carry up to life imprisonment for an adult). His friend has told him that, if convicted, he can only receive a two year sentence in the Youth Court but he might end up with a significantly higher sentence if they send him to the Crown Court. He asks you for an explanation of what might happen.
Which of these best summarises the advice you should give to your client?
He will not be committed because he has not been convicted of a homicide offence.
He will not be committed because the Crown Court only have the same sentencing powers available to the Youth Court.
He can be committed for sentence if the Youth Court decide that a sentence in excess of a two year detention and training order is required.
He will not be committed because GBH with intent is not a grave crime.
He will be committed because GBH with intent is classed as a ‘grave crime’ so he must be sentenced in the Crown Court.
He can be committed for sentence if the Youth Court decide that a sentence in excess of a two year detention and training order is required.
Correct. The youth court (or the adult magistrates’ court if the youth is appearing there) can commit a youth to the Crown Court for sentence where they are charged with certain serious offences. Three powers of committal to the Crown Court for sentence apply to youths:
Youth pleads guilty to, or is found guilty of, an offence to which s.249 SA 2020(grave crimes) applies and the court considers a sentence in excess of two years’ detention is required (s.16 SA 2020);
Youth pleads guilty to, or is found guilty of, a specified offence for which an extended sentence under s.254 SA 2020(dangerous offenders) is required (s.17 SQ 2020);
Youth pleads guilty to an offence to which s.249 SA 2020 (grave crime) applies and the court has already sent the youth to the Crown Court for trial for one or more related offences; it may commit the youth to the Crown Court in respect of the new 249 offence (s.19 SA 2020);
Where a youth has been committed in accordance with these provisions the Crown Court can deal with the youth in any way in which it could deal with the youth if they had just been convicted of the offence on indictment before the court.
In this case the client would be found guilty of a ‘grave crime’. A grave crime is any offence which carries a sentence of 14 years or more for adults. S.18 carries a maximum of life imprisonment.
The other answers whilst plausible are incorrect:
- The offence is a grave crime, but that does not automatically mean that he will would be committed for sentence.
- Committal for sentence does not require a homicide offence.
- Crown Court is not limited to the sentencing powers of the Youth Court in these circumstances.
- s.18 GBH carries up to life imprisonment so is a grave crime
Your client is 16 years old and is attending the Youth Court for his first hearing in relation to a charge of causing grievous bodily harm with intent (GBH) contrary to s.18 Offences Against the Person Act 1861. Your client is pleading not guilty and wants to know whether he will remain in the Youth Court or be dealt with at the Crown Court, as he was for his last offence.
Which of these best sets out how his trial court will be determined?
The Youth Court must consider whether, if convicted of the offence there is any chance that a sentence in excess of two years’ detention will be imposed. If they consider there is a real prospect then they must send the youth to the Crown Court for trial.
The Youth Court must consider whether, if convicted of the offence there is a real prospect that a sentence in excess of two years’ detention will be imposed. If they consider there is a real prospect then they may send the youth to the Crown Court for trial.
The Youth Court must consider whether, if convicted of the offence there is a real prospect that this offence would be considered to be a ‘grave crime’. If the offence is determined to be a grave crime then they must send it to the Crown Court for trial.
The Youth Court must consider whether, if convicted of the offence there is a real prospect that a sentence in excess of two years’ detention will be imposed. If they consider there is a real prospect, then they must send the youth to the Crown Court for trial.
The Youth Court must consider whether, if convicted of the offence there is a real prospect that a sentence in excess of 6 months imprisonment will be imposed. If they consider there is a real prospect then they must send the youth to the Crown Court for trial.
The Youth Court must consider whether, if convicted of the offence there is a real prospect that a sentence in excess of two years’ detention will be imposed. If they consider there is a real prospect, then they must send the youth to the Crown Court for trial.
Correct. s.18 offences are grave crimes under s249 SA 2020. The Youth Court’s maximum sentencing powers are a 2 year detention and training order and if there is a real prospect of a sentence in excess of 2 years being imposed then it must send to the Crown Court for trial. The Youth Court also has the same power in terms of committal for sentence after trial.
The other answers while plausible are incorrect:
- ‘any chance’ is incorrect. The court is looking at whether there is a ‘real prospect’ that the sentence would be in excess of a 2 year DTO.
- ‘may’ is incorrect. Once the court determines there is a real prospect that the sentence would be in excess of a 2 year DTO then is MUST send to the Crown Court.
- The maximum sentence in the Youth Court is 2 years detention and training order, NOT 6 months imprisonment
- GBH is a grave crime (being an offence that carries at least 14 years imprisonment for adults). However, the court must go on to determine whether there is a real prospect that the sentence would be in excess of 2 years DTO.
You attend court to represent a client before the Youth Court at her first hearing in relation to a charge of Common Assault. She is 14 years old. While waiting for the hearing her parents ask you what age of defendant the Youth Court deals with.
Which of these is the correct reply to your client’s parents?
Anyone under the age of 18 at their first hearing.
Anyone aged 10 to 17.
Anyone aged 10 to 17 on the day of the first hearing.
Anyone under the age of 17 on the day they were charged.
Anyone aged 10 to 17 on the day of they were charged.
Anyone aged 10 to 17 on the day of the first hearing.
Correct. Children under 10 cannot be convicted of an offence, and if a defendant is still 17 on the date of the first hearing then they will be dealt with by the Youth Court.
The other answers whilst plausible are incorrect:
- Children under 10 are not criminally responsible
- Children under 10 are not criminally responsible, and the key date for age purposes is the date of the first hearing and not the date of charge. Further, the youth court deals with under 18 year olds not under 17 year olds.
- Anyone aged 10 to 17 is correct, but does not specify what happens if they turn 18 by the time of the first hearing.
- Day of charge is not the relevant date for determining which court will deal with the defendant. If they are 17 of the day of charge they might have turned 18 before the first hearing, in which case they would be dealt with in the adult court.
Question 1
A 16- year- old girl has been arrested and is being interviewed about her suspected
involvement in relation to an allegation of burglary of shop premises. Her mother is present
as the appropriate adult. During the course of the interview, the mother keeps interrupting
the interviewing officer, stopping them from asking proper questions of the girl. The
interviewing officer stops the interview and speaks to the custody sergeant who listens to a
recording of the interview and then reminds the appropriate adult of her role and gives her
an opportunity to respond. The custody sergeant then authorises the removal of the girl’s
mother as appropriate adult and contacts a social worker to continue to act as appropriate
adult for the girl.
Have the police acted correctly when removing the girl’s mother from acting as
appropriate adult?
A Yes, because the mother has prevented the interviewing officer from putting proper
questions to the girl.
B Yes, because the girl still has an appropriate adult attending to support, advise and
assist her.
C Yes, the custody sergeant followed the correct procedure before authorising the
removal of the girl’s mother.
D No, because the custody sergeant is not of the correct rank of officer to make such an
authorisation.
E No, because the mother’s role is not just to act as an observer, she is entitled to
intervene during the interview.
Answer
Option D is the best answer. Although the mother has prevented the interviewing officer
from putting proper questions to the suspect (option A) and the suspect still has an
appropriate adult attending to support, advise and assist her (option B) and the custody
sergeant followed the correct procedure before authorising the removal of the suspect’s
mother (option C), such a removal can only be authorised by an officer not below the rank
of superintendent, or if such an officer is not available, an officer not below the rank of
inspector, so option D is the best answer. Although option E is correct in that the mother’s
role is not just to act as an observer and she is entitled to intervene during the interview,
she is not entitled to prevent the interviewing officer from putting proper questions to the
suspect (see Code C, para 11.17 and 11.17A).
Question 2
A boy, aged 13 years, has been arrested on suspicion of robbery. He denies any
involvement in the offence and claims that a witness who has recognised him is mistaken.
The police propose to carry out a video identification procedure and the solicitor
representing the boy advises him and his appropriate adult, a local authority social worker,
to agree to take part in the procedure. The boy refuses to give his consent to such a
procedure, but the appropriate adult does give her consent and when the boy’s mother is
contacted, she also gives her consent.
Can the police now lawfully carry out an identification procedure?
A Yes, because the relevant consent from the boy’s parent has been given.
B No, because consent must be given by the appropriate adult and the boy.
C Yes, because consent is not required to carry out a video identification procedure.
D Yes, because the boy’s solicitor has advised the boy to consent to the video
identification procedure.
E No, because the parent and the boy must both give their consent.
Answer
Option A is the best answer. Where a juvenile suspect is under 14 years of age, only the
consent of the parent (or guardian) is required (Code D, para 2.12). Option B is therefore
wrong, as the suspect’s consent and the appropriate adult’s consent (where this person is
not also the parent or guardian) are not required. Option C is not the best answer because
although consent is not required to carry out a covert video identification procedure, most
video identification procedures are not covert and do require consent. Option D is wrong
because although the solicitor’s advice will be important in practice, it is not a requirement
of Code D. Option E would have been correct had the juvenile suspect been aged 14 years
or over, where both the parent/ guardian and the suspect must give their consent.
Question 3
A boy, aged 10 years, has been charged with rape, it being alleged that he raped his
younger sister. There is no local authority secure accommodation available. The boy’s
behaviour whilst detained at the police station has given the custody officer genuine
concern that if released from the police station the boy will interfere with witnesses. The
custody officer also believes that keeping the boy in other local authority accommodation
would not be adequate to protect the public from serious harm from the boy.
Where can the custody officer authorise the boy to be remanded following charge?
A The boy can be remanded at the police station, but he should be detained in a juvenile
detention room.
B The boy can be remanded at the police station, but he must be kept separate from
adult suspects and must not be detained in a cell unless it is not practicable to
supervise him.
C The boy can only be remanded to other local authority accommodation because he is
under the age of 12.
D The boy must be released on either unconditional or conditional bail.
E The boy can only be remanded on bail if it is impracticable to move him to local
authority accommodation.
Answer
Option C is the correct answer. The key point to spot here is that the boy is only aged 10 and
therefore under the age of 12. Had the boy been aged 12 or over, then s 38(6) provides that
the lack of secure local authority accommodation does not make it impracticable to transfer a
juvenile to local authority accommodation unless a juvenile is aged 12 or over and the local
authority accommodation would not be adequate to protect the public from serious harm from
the juvenile. So options A and B may have been correct had the boy been older. Option D is
wrong because although the custody officer may remand the boy on either unconditional or
conditional bail, the boy may also be remanded into the care of the local authority (which is
most likely on these facts). Option E is wrong for the same reason.
Question 1
A man is due to appear in the magistrates’ court charged with an offence of assault
occasioning actual bodily harm. It is alleged that he headbutted the victim causing the
victim a fractured nose following a neighbour dispute. The man intends to plead guilty.
The man is currently the subject of a suspended sentence of imprisonment for an offence
of theft. The man is currently unemployed and in receipt of universal credit. The man is
widowed and the sole carer for his three young children.
Will the man be entitled to receive publicly funded legal representation at court?
A Yes, because it will be in the interests of his children that he is represented as he is
their sole carer and he automatically satisfies the means test.
B Yes, because it will be in the interests of justice as it is likely that he will lose his liberty
and he automatically satisfies the means test.
C Yes, because he will lose his liberty if he is convicted, subject to him satisfying the
means test by completing a means form.
D No, because it will not be in the interests of the victim that he is represented as he is
pleading guilty, so the man will not need to cross- examine the victim.
E No, because he will not necessarily lose his liberty if he is convicted, although he does
automatically satisfy the means test.
Answer
Option B is the correct answer. The man is ‘likely’ to lose his liberty because of the
seriousness of the offence itself and also because he is subject to a suspended sentence of
imprisonment which is likely to be activated when he pleads guilty to the present offence.
The man automatically satisfies the means test as he is in receipt of universal credit. Option
A is wrong because although ‘It is in someone else’s interests that I am represented’ is
capable of being a reason to grant legal aid under the interests of justice test, this should
not be used to argue that legal representation is in the general interests of the defendant’s
family. Option C is wrong, because although it is (highly) likely the man will lose his liberty,
it is not certain that he will and moreover, he will not need to complete a means form as he
automatically satisfies the means test as he is in receipt of universal credit. Option D is not
the best answer, because although it is correct to say that it will not be in the interests of
the victim that he is represented as he is pleading guilty, so the man will not need to cross-
examine the victim, the interests of justice test is still satisfied (see option B). Option E is not
the best answer, because although he will not necessarily lose his liberty if he is convicted,
it is still ‘likely’ that he will.
Question 2
A woman is to appear in the magistrates’ court charged with an offence of criminal
damage by arson. It is alleged that she set fire to her ex- partner’s garden shed following
a breakdown of their relationship. £2,000 worth of damage was caused. The woman will
plead guilty to this offence.
Which of the following best describes what will happen when she appears in court?
A The woman will plead guilty and the magistrates will then sentence her since the value
of the property damaged is under £5,000.
B The woman will be expected to enter her plea and the magistrates will then have to
decide on allocation as this is an either- way offence.
C The woman will plead guilty and the court will then adjourn the case for the
preparation of a pre- sentence report.
D The woman will not be asked to indicate her plea as arson is an offence that can only
be tried on indictment so her case will be immediately sent to the Crown Court.
E The woman will be expected to indicate her plea and she will either be sentenced by
the magistrates’ court or committed to the Crown Court for sentence.
Answer
Option E is the best answer. Criminal damage of property under £5,000 is treated as a
summary- only offence, unless the damage was caused by fire (Magistrates’ Court Act
1980, s 22(1)), in which case it is an either- way offence. For these reasons, options A and
D are wrong. Option B is wrong because although it is an either- way offence, an allocation
hearing will only take place where a defendant indicates a not guilty plea (see Chapter 6).
Option C is not the best answer, because although the court may adjourn the case for a
pre- sentence report, it will not definitely do this and it may even commit the woman to the
Crown Court if in light of all the other circumstances the magistrates’ court decides that its
sentencing powers are inadequate.
Question 3
A man has been charged with robbery. It is alleged that he stole a jacket valued at £75
from his victim and assaulted him at the same time, in order to steal the jacket. The victim
suffered no physical injuries as a result of the robbery. The man intends to plead not guilty
to this allegation.
Where will the man’s trial take place?
A The trial may take place in either the magistrates’ court or the Crown Court depending
on whether or not the magistrates accept jurisdiction to deal with the case.
B The trial is likely to take place in the magistrates’ court as the item stolen is valued at
under £200 and because the man suffered no physical injury.
C The trial will take place in the Crown Court as this is an offence that is only triable on
indictment.
D The trial may take place in either the magistrates’ court or the Crown Court depending
on whether or not the man consents to summary trial or elects trial on indictment.
E The trial must take place in the magistrates’ court as the item stolen is valued at under
£200 and because the victim suffered no physical injury.
Answer
Option C is the correct answer. Robbery is an offence that can only be tried on indictment
regardless of the value of the goods that were stolen or whether or not the victim suffered
any physical harm. Options B and E are therefore wrong. Option A is wrong because the
magistrates will not be required to decide whether or not they accept jurisdiction to deal with
the case and Option D is wrong because the man will not get a choice on where his trial will
take place.
