Youth Process Flashcards
What are the age bands for child, young person, adult
child = under 14
young person = 14-17
Adult = 18+
what is the age of criminal responsibility and what does it mean?
10 - under 10s CANNOT be found G of criminal offence
what are the exceptions to the rule that youths will have first hearing in youth court?
- jointly charged with adult
- charged with aiding/abetting an adult (or vv)
- offence arises out of connected circs to an adult offender
when MUST a young person be tried in CC?
homicide
firearms offences (16+)
mandatory minimum sentence provisions s311 S2020
when MAY a young person be tried in CC?
s249 SA 2020 offences (offences with at least 14 yrs for adult offence) - depends if 2yr sentence would be approp
dangerous offender - depends on whether extended sentence criteria would be met
alongside adult to be tried in CC - (unless summary only and not punishable with prison or disqual)
(mags reject jurisdiction - no right to elect)
when MAY a young person be tried in mags?
alongside adult accused
who is allowed to be present in youth court?
- parties and legal reps
- directly involved - witnesses, support workers, court staff
- legit news reps - subject to reporting restrictions
- others with specific permission
when must a court order attendance of a parent/guardian?
young person up to and including 15yo
may order if for 16-17 yos
what are key differences in terminology?
conviction = finding of guilt
sentence = order made on finding of guilt
swear truth = promise
when is a plea before venue hearing required for young people?
where offence is one that could potentially be sent to CC - then follows magistrates format
if jointly charged - consider whether interests of justice dictate young person should be sent up to CC with adult
when may a PBV proceed in absence of youth?
legally represented
disorderly conduct - not practicable for proceedings to go ahead
consider they should proceed in absence
legal rep enters plea on behalf
can be adjourned on remand in custody/bail
how can a court take into account non s249 offences when considering seriousness/sentence of a s249 offence?
can consider seriousness of associated offences - but may only order long term detention in respect of s249 offences
what powers do mags have when youth tried on multiple counts some, but not all of which, are sent to CC?
not required to adjourn - can continue
what must a court take into account when considering whether to send to CC under s249
whether sentencing under s250 would be appropriate (2+yrs)
her submissions from P and D but NOT evidence on gravity of offence
previous findings of guilt
must consider each D under 18 seperately - cannot send all just because 1 goes
when MUST a court send a youth to CC for a specified offence (sch 19 SA 2020)
specified offence AND criteria for extended sentence may be met (dangerous offender = significant risk to members of the public of serious harm occassioned by commission of further offences)
should be exceptional - only approp where sufficient info (ie PSR with escalation of offending and bad circs) and in interests of justice - can always try in youth and commit for sentencing
what factors should a court take into account when conisdering ‘interests of jsutice’ in context of sending youth with adult accused to CC?
joint trial benefits v trauma of CC trial
age and maturity
role in offence
previous guilt
culpability
inconvenience to witnesses
what must CC consider when under 18 sent to CC for trial ?
whether to remit to youth?
what sentencing powers to mags have for youths where the youth is not sent with adult to CC ?
absolute discharge
conditional discharged
fine (up to #1000 >14, up to #250 <14)
parents to enter recognizance
remit to YC
when must/may mags try a youth jointly accused with adult (jurisdiction accepted)
must where NG plea
may where adult G and youth NG
favour of remitting to youth
who decides whether youth should be sent to CC on s249 offence when joint with adult?
mags as PBV would be there - no discretion to remit to YC to make decision
what should court do if there is uncertainty over age?
make due enquiries
entitled to accept what person/parent or guardian say
if incorrect - does not later invalidate any sentence
what 3 powers for committal for sentence are relevant?
s16 - plead/found G of s249 offence
s17 - plead/found G of extended sentence offence
s19 - mixed pleas - sent for trial on one but has plead G for others
what sentencing powers do YC have generally
detention and training orders
fines (250 <14, 1000 >14)
youth rehab orders
referral and rep orders
absolute/coditional discharge
ancillary - compensation 5000
binding over/parenting order
what are limits of DTOs?
12-17yo (date of conviction)
<15s where persistent offenders only (3 offences of similar serious nature in last 12 mos OR on trial for multiple counts now)
minimum 4 mos, max 24 mos
can be consecutive
what are limits for youth rehab order? (youth community order)
max 3 years
only where offence serious enough to warrant it
PSR acquired
take into account family circs
at least one rehab requirement
supervision/surveillance or fostering where alternative to custody only
what is a referral order?
attend meetings of youth offender panel and comply with programme of behaviour agreed for a specified period of time
YC and Mags only (not CC)
pleaded G
3-12 months (12 mos is absolute maximum even if cosnecutive)
when is a referral order available?
where facilities exist in area
MUST - imprisonable offence, pleaded G, no precons
