Youths Flashcards
Definition of a Child
person under the age of 14,
Definition of a young person
someone aged between 14 and below 18
Definition of an adult
person aged 18 or over, it can mean the age of 21 or over as it is the age of which someone can be imprisoned
what is the age of criminal Responsibility
it is a rebuttable presumption that someone has to have attained the age of 10 to be criminally responsible.
does an accused aged under 18 have the right to elect?
No.
A child MUST be tried in the Crown Court for:
o Homicide; or
o Certain offences of mandatory minimum sentence provisions
A child MAY be tried in the crown court if:
o Offences which carry a maximum of 14 years imprisonment
o Offences of a dangerous offender
o Tried alongside an adult
A child MAY be tried in the magistrates if…
…charged alongside an adult
where is the common place where youths are tried and sentenced?
Youth Courts
Youth Courts: Public are excluded from the court rooms, only the following are allowed
o (a)members of the court and court officials;
o (b)parties to the case before the court and their legal representatives (lawyers cannot enter the courtroom if a case they are appearing in is not being dealt with at that time);
o (c)witnesses and other persons directly concerned in that case (witnesses are allowed to remain in court once they have given evidence);
o (d)bona fide representatives of news gathering or reporting organisations (but note the reporting restrictions set out below);
o (e)anyone else directly involved in the case (e.g., probation officers or social workers involved in the case); and
o (f)such other persons as the court may specially authorise to be present.
Persistent young offender (PYO)
No statutory definition. Guidance contained within the Sentencing Council publication Sentencing Children and Young People: Definitive Guideline states that a young person is likely to be categorised as a PYO if they have been convicted of, or made subject to a pre-court disposal that involves an admission or finding of guilt, in relation to imprisonable offences on at least 3 occasions in the past 12 months. Some sentences are only available to a PYO (e.g. a Detention and Training Order when offender is under 15 years old).
If the child or young person has been sentenced on a single appearance for a series of separate comparable offences, committed over a short space of time, the court could justifiably consider the child or young person to be a persistent offender
Youth Courts: Presence of Guardian or parent
- Parent or guardian to be present if child is under the age of 16
- Unless it is unreasonable to do so in the circumstances of the case
- Guardian means someone who has spent time caring for the child
Youth Court, what is the term used instead of conviction?
Finding of Guilt
Youth Court: what is the term used instead of sentence?
order based on finding of guilt
Youth Court: Informalities
- Lawyers and witnesses remain seated
- Lawyers are not robed
- The youth sits in a chair not in the dock and usually their parent or guardian sits next to the youth and lawyers may sit next to their clients.
- Rather than communicating via the solicitor, magistrates prefer to talk directly with the defendants and their parents.
- Justices who sit on youth court benches are specially trained.
- The youth and any youth witnesses are addressed by their first names;
- If the youth or youth witness needs to take an oath this will be ‘to promise’ to tell the truth, as opposed ‘to swear’, as in the adult magistrates’ court.
- The language used is different – e.g. ‘finding of guilt’ is a conviction and ‘order made on a finding of guilt’ is a sentence.
can a plea before venue hearing take place in absence of child?
Yes.
So long as the child is legally represented.
Youth Court: Composition
A youth court will consist of either:
* District Judge sitting alone (as in the adult magistrates’ court); or
* Not more than three magistrates.
Magistrates and District Judges are required to undergo specialist training to sit in the youth court.
Youth Court: Reporting Restrictions
Reporting restrictions apply automatically to those who appear in the youth court. They can be lifted although this is rare, especially before conviction. This is different to the adult magistrates’ court and Crown Court where reporting restrictions are discretionary.
