Youth Process

Question 1

What are the age bands for child, young person, adult

Answer 1

child = under 14
young person = 14-17
Adult = 18+

Question 2

what is the age of criminal responsibility and what does it mean?

Answer 2

10 - under 10s CANNOT be found G of criminal offence

Question 3

what are the exceptions to the rule that youths will have first hearing in youth court?

Answer 3

• jointly charged with adult
• charged with aiding/abetting an adult (or vv)
• offence arises out of connected circs to an adult offender

Question 4

when MUST a young person be tried in CC?

Answer 4

homicide
firearms offences (16+)
mandatory minimum sentence provisions s311 S2020

Question 5

when MAY a young person be tried in CC?

Answer 5

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)

Question 6

when MAY a young person be tried in mags?

Answer 6

alongside adult accused

Question 7

who is allowed to be present in youth court?

Answer 7

• parties and legal reps
• directly involved - witnesses, support workers, court staff
• legit news reps - subject to reporting restrictions
• others with specific permission

Question 8

when must a court order attendance of a parent/guardian?

Answer 8

young person up to and including 15yo
may order if for 16-17 yos

Question 9

what are key differences in terminology?

Answer 9

conviction = finding of guilt
sentence = order made on finding of guilt
swear truth = promise

Question 10

when is a plea before venue hearing required for young people?

Answer 10

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

Question 11

when may a PBV proceed in absence of youth?

Answer 11

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

Question 12

how can a court take into account non s249 offences when considering seriousness/sentence of a s249 offence?

Answer 12

can consider seriousness of associated offences - but may only order long term detention in respect of s249 offences

Question 13

what powers do mags have when youth tried on multiple counts some, but not all of which, are sent to CC?

Answer 13

not required to adjourn - can continue

Question 14

what must a court take into account when considering whether to send to CC under s249

Answer 14

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

Question 15

when MUST a court send a youth to CC for a specified offence (sch 19 SA 2020)

Answer 15

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

Question 16

what factors should a court take into account when conisdering ‘interests of jsutice’ in context of sending youth with adult accused to CC?

Answer 16

joint trial benefits v trauma of CC trial
age and maturity
role in offence
previous guilt
culpability
inconvenience to witnesses

Question 17

what must CC consider when under 18 sent to CC for trial ?

Answer 17

whether to remit to youth?

Question 18

what sentencing powers to mags have for youths where the youth is not sent with adult to CC ?

Answer 18

absolute discharge
conditional discharged
fine (up to #1000 >14, up to #250 <14)
parents to enter recognizance
remit to YC

Question 19

when must/may mags try a youth jointly accused with adult (jurisdiction accepted)

Answer 19

must where NG plea
may where adult G and youth NG
favour of remitting to youth

Question 20

who decides whether youth should be sent to CC on s249 offence when joint with adult?

Answer 20

mags as PBV would be there - no discretion to remit to YC to make decision

Question 21

what should court do if there is uncertainty over age?

Answer 21

make due enquiries
entitled to accept what person/parent or guardian say
if incorrect - does not later invalidate any sentence

Question 22

what 3 powers for committal for sentence are relevant?

Answer 22

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

Question 23

what sentencing powers do YC have generally

Answer 23

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

Question 24

what are limits of DTOs?

Answer 24

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

Question 25

what are limits for youth rehab order? (youth community order)

Answer 25

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

Question 26

what is a referral order?

Answer 26

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)

Question 27

when is a referral order available?

Answer 27

where facilities exist in area
MUST - imprisonable offence, pleaded G, no precons