Youths Flashcards
What is the age of criminal liability?
10
What is a child?
Under 14
What is a young person?
14-17
What is a juvenile?
Under 18
For the youth court to have jurisdiction to hear the case, a person must still be 17 at which key date?
First hearing
What is the presumption for the court process of youths?
They will be tried in youth court, even for offences those classed as indictable only for adults
What is the composition of the youth court?
- district judge sitting alone or
- no more than 3 magistrates
who may be present in the youth court?
- Members/officers of court
- Parties and legal representatives
- Witnesses/people directly concerned
- Journalists
- Other people could may specially authorise
Are the public excluded from adult courts even when a youth is appearing as a defendant/witness?
No
What are the rules on a parent or guardian being in the youth court?
Under 16: must be there unless unreasonable
16/17: may be there
What is the main protection for youths at the police station?
Attendance of appropriate adult
What must happen if there is no clear evidence that a detainee is 18 or over?
Treat as a juvenile
Who should be informed of a juvenile’s arrest?
- perosn responsible for welfare as soon as practicable
- appropriate adult
Who can be an appropriate adult?
- Parent/guardian
- Social worker
- Responsible adult who is not a police officer
When will someone not be allowed to be an appropriate adult?
- Suspected of involvement
- Victim
- Witness
- Involved in investigation
- Received admissions prior to attending
Can a solicitor present at the station be an appropriate adult?
No
Should an estranged parent be asked to be an appropriate adult
Not if juvenile objects
What should happen if a juvenile admits an offence to the appropriate adult (at a time other than while they are acting as the appropriate adult)?
Appoint another
What is the role of the appropriate adult?
- Advise the juvenile being questioned
- Observe whether interview conducted properly and fairly
- Facilitate communication
Is an appropriate adult subject to legal privilege?
No
Does an appropriate adult owe a duty of confidentiality?
no
When should an appropriate adult be present?
When juvenile is:
* Being read rights
* Being strip searched/intimate search
* Being interviewed
* Attending identification procedure
* Being charged
When may a juvenile be interviewed/asked to sign something without an appropriate adult?
superintendent/above believes delay will have consequences and interview will not significantly harm their physical/mental state
What must happen if a juvenile is cautioned without an appropriate adult present?
must be repeated in AA’s presence
What is required for a juvenile’s participation in ID procedure?
Juvenile and parent/guardian’s consent
Under 14 - parent alone sufficient
What are the police/prosecution’s options after interview of a juvenile?
a) No further action
b) Community resolution
c) Youth caution
d) Youth conditional caution
e) Charge
What are the grounds on which a juvenile may be refused bail?
- Name/address can’t be ascertained
- Failure to appear in court
- Prevent committing offence
- Enable sample to be taken
- Prevent causing physical injury to another or causing loss/damage
- Prevent interference with investigation
- Own protection
- Own interests
When can a juvenile not be placed into local authority accommodation
- Impracticable
- Where 12-17, no secure accommodation available
When may police officers detain a juvenile in the station instead of secure accommodation?
Arrested for breach of bail/remand conditions
What is an example of an out of court disposal?
Youth caution
What are the conditions for when a youth caution can be given?
- Sufficient evidence to charge
- Admits offence
- Police don’t think should be prosecuted/youth caution
Can the police issue a caution to a youth for an offence which would be indictable only for adults?
Not without CPS authority
When will most youths have their first hearing?
youth court
When will a youth’s first hearing be in the adult magistrates court?
- Jointly charged with adult
- Aiding and abetting an adult
- Aiding and abetting a youth
- Same circumstances/connected with offence adult charged with
What happens if a youth enters a guilty plea in the first hearing?
try to pass sentence on same day but may need to adjourn for pre-sentence report
What happens if a youth enters a not guilty plea in the first hearing?
parties asked to complete case management form and directions made for future management of case
When will a youth have their trial in the adult magistrates court?
jointly charged with adult
Does a youth have a right of election when charged iwth an either way offence?
No
When must a youth be tried in the crown court?
- Homicide
- Firearms/weapons
- Grave crime
- Dangerous offender
- Jointly charged with adult sent to CC and interests of justice to send youth
When will a plea before venue/mode of trial apply
- Grave crime
- Jointly charged with adult on either way/indictable
What is a grave crime?
- Offence carries 14 years or more
- Sexual offences
If a youth pleads not guilty at the plea before venue, in what circumstances must the court send the trial to the crown court?
- offence capable of being grave crime
- appropriate sentence over two years
What are dangerous youth offences?
- Specified offence (violent, sexual, terrorism)
- Criteria for imposing extended sentence met
Will there be a plea before venue for dangerous youth offenders?
No must be sent to crown court
What is the criteria for imposing an extended sentence?
o Specified offence
o Significant risk of serious harm to public
o Warrants sentence at least 4 years
What is an extended sentence under s254?
custodial term plus extended licence period
Where an offence may be considered a grave crime or dangerous, which element should be considered first?
Dangerous
Where an adult is charged jointly with a youth and sent to the crown court, and the youth pleads not guilty at the plea before venue, how will the court decide the mode of venue for the youth?
whether necessary in interests of justice to send youth to be tried with adult
What factors will the court consider when sending a youth to be tried with an adult at the crown court?
- Will separate trials cause injustice to witnesses/case
- Age of child
- Age gap
- Lack of maturity
- Culpability of minor
- Lack of previous findings of guilt
What are the potential outcomes when an adult is sent to the crown court and the youth pleads not guilty?
If decide to try with adult = PTPH alongside adult
If not = first appearance in youth court
Can a youth be remitted to the youth court once sent to the crown court?
No
If an adult consents to a summary trial, or the offence is summary only, and the youth pleads not guilty, which court will the youth be tried in?
If…
* Jointly charged = must be in adult magistrates
* Aiding and abetting = may try both in adult magistrates
* Same circumstances = may try youth in adult magistrates
If an adult pleads guilty and a youth pleads not guilty, which court will the youth be tried in?
Adult magistrates may try youth without adult but more likely to remit to youth court
If a youth pleads guilty when jointly charged with an adult, what will happen?
adult magistrates send to youth court if sentencing powers are insufficient
What is the relevant date for the age of the youth on sentencing?
Date of conviction
What must happen when a trial is concluded in the crown court and the youth is found guilty?
Must remit to youth court for sentence unless undesirable (except for homicide)
What is the court’s duty regarding parents in sentencing?
Under 16 = must make parenting order if desirable to prevent further offences
What are persitent offenders?
- 3 findings of guilt in past 12 months for imprisonable of comparable nature
- Single appearance for series of separate comparable offences in short space of time
What are the types of sentences available to youths?
- Absolute/conditional discharge and reparation orders
- Fines
- Youth rehabilitation orders (community)
- Referral orders
- Detention and training orders (custodial)
What are the requirements for imposing a youth rehabilitation order?
offence is ‘serious enough’ but need not be imprisonable
Which youth rehabilitation orders are only available if the youth is 16-17?
- unpaid work requirement
- residence requirement
Which youth rehabilitation orders are only available if the offence is imprisonable and the custody threshold is passed?
- intensive supervision and surveillance requirement
- Fostering requirement
Which court cannot impose a youth rehabilitation order?
Adult magistrates
What is the minimum and maximum term of a referral order?
Minimum term = 3 months
Maximum term = 12 months
When is a referral order mandatory and what is the exception?
- Not previously convicted
- Pleads guilty to imprisonable offence
When is a referral order discretionary?
- Second or later conviction
- Pleads guilty
When can the court not give a referral order?
- Sentence fixed by law
- Absolute/conditional discharge justified
- Court proposes Hospital order
- Custody is only correct disposal
What are the youth court’s options when a youth breaches a referral order?
- Allow order to continue
- Fine up to £2500 and allow order to continue
- Amend terms of order or
- Revoke and re-sentence
What is the requirement for a detention and training order?
So serious that neither fine or community sentence can be justified
When can a detention and training order not be imposed?
- Age 10-11
- Age 12-14 unless persistent offender
What must the term of a detention and training order be?
- Minimum length = 4 months
- Maximum length = 24 months
- Must be 4, 6, 8, 10, 12, 18 or 24 months
- Consecutive can be imposed up to aggregate of 24 months
When can a youth be sentenced to long term detention and where?
Grave crimes
Sentenced in crown court
What is the potential sentence for dangerous young offenders?
extended detention or detention for life
What is the minimum sentence for a youth for murder?
12 years
What are the sentences available to the youth court?
- Absolute/conditional discharge
- Fines (limit)
- Referral order
- Reparation order
- YRO
- DTO
- Parenting order
- Parental bind over
What are the sentences available to the adult magistrates court?
- Absolute/conditional discharge
- Fines (limit)
- Referral order
- Parenting order
- Parental bind over
What are the sentences available to the crown court for youths?
- Absolute/conditional discharge
- Fines
- Reparation order
- YRO
- DTO
- Parenting order
- Long term detention
- Extended detention (dangerous)
- Life (dangerous)
- His majesty’s pleasure
