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Criminal litigation > Youths > Flashcards

Youths Flashcards

1
Q

persistent young offender

A

sentenced on 3 separate occassions for one or more recordable (custodial) offences

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2
Q

effect of being a PYO

A

expidited case so YC deals with it asap

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3
Q

are standard directions in YO same as for MC

A

yes

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4
Q

circumstances where a child would be sent to MC

A

homocide offences, firearms offences, grave (custodial) crimes, violent or sexual offences and they are dangerous or jointly charged with an adult.
or if necessary in interests of justice

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5
Q

does solicitor stand when speaking in YC

A

no remain seated

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6
Q

do witnesses give sworn evidence in YC

A

no witnesses promise instead of swear

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7
Q

does D have any power of election if YC decide to keep case or send to MC

A

no

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8
Q

does YC have plea before vennue and allocation hearings

A

only if it might be sent to MC

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9
Q

if charged when 17 but 18 at trial do they go to YC or MC

A

MC

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10
Q

if charged with 17 but 18 during trial do they move to MC

A

it can be moved to MC or kept at YC

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11
Q

sentencing powers of YC

A

same as MC

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12
Q

is D always accompanied by parent at YC

A

if under 16 unless court thinks it would be unreasonable

16-17 - court has discretion

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13
Q

what role do parents play at YC

A

active - court wants to hear their view

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14
Q

how old are children at YC

A

10-13

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15
Q

how old are young people at YC

A

14-17

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16
Q

principle aim of YC

A

prevent offending

17
Q

who must have regard to the principle aim of YC

A

everyone involved in youth justice system

must also have regard to welfare of children

18
Q

when do press reporting restrictions apply at YC

A

until 18
can make life long order for victim or witness under 18
cannot report anything that would ID child

19
Q

can reporting restrictions ever be lifted

A

yes by judge to avoid injustice or following conviction in public interest
not for punishment - only when real benefit to community

20
Q

who makes decisions at YC

A

district judge or bench of youth judges

21
Q

can under 10s commit a crime

A

presumption under 10s cannot be guilty of crimes

22
Q

can children be granted bail

A

yes

23
Q

can a child be granted remand

A

yes on bail, into LA accomodation or if 17 into custody

24
Q

where does a child go if bail is refused

A

LA accomodation or youth detention accomodation

25
Q

what age do you have to be to go to youth detention

A

12 or over

26
Q

where can 10 and 11 year old be accomodated

A

LA accomodation

27
Q

requirements to be sent to youth detention

A

12-17
must have legal rep
usually violent or sexual offences, 14 years or more imprisonment or history of absconding or imprisonable offences
necessary to protect public from death or serious injury or prevent further imprisonable offence

28
Q

sentencing considerations for children - differences with adults

A

must at all times regard aim of preventing offending
balance seriousness with welfare of child
will hear before parent / guardian before sentencing
individualistic rather than offence focused approach
sentence should be focused on rehabilitation
consider effect of sentencing on child and reasons for their behaviour

29
Q

is it necessary to always obtain a pre-sentence report from YOT

A

yes always

30
Q

what is a referral order

A

they are referred to youth offending panel who agree with D a youth offending contract for 3-12 months designed to prevent reoffending

31
Q

can a second referral order be made

A

only in exceptional circumstances

32
Q

when to make a referral order

A

when they plead guilty (or mixed plea) with poss custodial sentence and never previously been convicted

33
Q

who agrees youth offending contract

A

YOT and D - not YC

34
Q

what is a youth rehabilitation order

A

community order

35
Q

what is a detention and training order

A

only type of custodial sentence YC can give

36
Q

ages that can get detention and training order

A

10-11 - never
12-14 - only if PYO
15+ - anyone

37
Q

what happens when someone is given a detention and training order

A

held in young offenders institute for 1/2 period of order then released under YOT supervision
degree of supervision decided by YOT not YC
if they breach supervision element can be punished for breach

Criminal litigation (6 decks)

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