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Criminal Practice > Youths > Flashcards

Youths Flashcards

1
Q

What is the age of criminal liability?

A

10

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2
Q

What is a child?

A

Under 14

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3
Q

What is a young person?

A

14-17

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4
Q

What is a juvenile?

A

Under 18

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5
Q

For the youth court to have jurisdiction to hear the case, a person must still be 17 at which key date?

A

First hearing

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6
Q

What is the presumption for the court process of youths?

A

They will be tried in youth court, even for offences those classed as indictable only for adults

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7
Q

What is the composition of the youth court?

A
  • district judge sitting alone or
  • no more than 3 magistrates
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8
Q

who may be present in the youth court?

A
  • Members/officers of court
  • Parties and legal representatives
  • Witnesses/people directly concerned
  • Journalists
  • Other people could may specially authorise
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9
Q

Are the public excluded from adult courts even when a youth is appearing as a defendant/witness?

A

No

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10
Q

What are the rules on a parent or guardian being in the youth court?

A

Under 16: must be there unless unreasonable
16/17: may be there

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11
Q

What is the main protection for youths at the police station?

A

Attendance of appropriate adult

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12
Q

What must happen if there is no clear evidence that a detainee is 18 or over?

A

Treat as a juvenile

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13
Q

Who should be informed of a juvenile’s arrest?

A
  • perosn responsible for welfare as soon as practicable
  • appropriate adult
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14
Q

Who can be an appropriate adult?

A
  • Parent/guardian
  • Social worker
  • Responsible adult who is not a police officer
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15
Q

When will someone not be allowed to be an appropriate adult?

A
  • Suspected of involvement
  • Victim
  • Witness
  • Involved in investigation
  • Received admissions prior to attending
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16
Q

Can a solicitor present at the station be an appropriate adult?

A

No

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17
Q

Should an estranged parent be asked to be an appropriate adult

A

Not if juvenile objects

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18
Q

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)?

A

Appoint another

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19
Q

What is the role of the appropriate adult?

A
  • Advise the juvenile being questioned
  • Observe whether interview conducted properly and fairly
  • Facilitate communication
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20
Q

Is an appropriate adult subject to legal privilege?

A

No

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21
Q

Does an appropriate adult owe a duty of confidentiality?

A

no

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22
Q

When should an appropriate adult be present?

A

When juvenile is:
* Being read rights
* Being strip searched/intimate search
* Being interviewed
* Attending identification procedure
* Being charged

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23
Q

When may a juvenile be interviewed/asked to sign something without an appropriate adult?

A

superintendent/above believes delay will have consequences and interview will not significantly harm their physical/mental state

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24
Q

What must happen if a juvenile is cautioned without an appropriate adult present?

A

must be repeated in AA’s presence

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25
Q

What is required for a juvenile’s participation in ID procedure?

A

Juvenile and parent/guardian’s consent
Under 14 - parent alone sufficient

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26
Q

What are the police/prosecution’s options after interview of a juvenile?

A

a) No further action
b) Community resolution
c) Youth caution
d) Youth conditional caution
e) Charge

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27
Q

What are the grounds on which a juvenile may be refused bail?

A
  • 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
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28
Q

When can a juvenile not be placed into local authority accommodation

A
  • Impracticable
  • Where 12-17, no secure accommodation available
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29
Q

When may police officers detain a juvenile in the station instead of secure accommodation?

A

Arrested for breach of bail/remand conditions

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30
Q

What is an example of an out of court disposal?

A

Youth caution

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31
Q

What are the conditions for when a youth caution can be given?

A
  • Sufficient evidence to charge
  • Admits offence
  • Police don’t think should be prosecuted/youth caution
32
Q

Can the police issue a caution to a youth for an offence which would be indictable only for adults?

A

Not without CPS authority

33
Q

When will most youths have their first hearing?

A

youth court

34
Q

When will a youth’s first hearing be in the adult magistrates court?

A
  • Jointly charged with adult
  • Aiding and abetting an adult
  • Aiding and abetting a youth
  • Same circumstances/connected with offence adult charged with
35
Q

What happens if a youth enters a guilty plea in the first hearing?

A

try to pass sentence on same day but may need to adjourn for pre-sentence report

36
Q

What happens if a youth enters a not guilty plea in the first hearing?

A

parties asked to complete case management form and directions made for future management of case

37
Q

When will a youth have their trial in the adult magistrates court?

A

jointly charged with adult

38
Q

Does a youth have a right of election when charged iwth an either way offence?

A

No

39
Q

When must a youth be tried in the crown court?

A
  • Homicide
  • Firearms/weapons
  • Grave crime
  • Dangerous offender
  • Jointly charged with adult sent to CC and interests of justice to send youth
40
Q

When will a plea before venue/mode of trial apply

A
  • Grave crime
  • Jointly charged with adult on either way/indictable
41
Q

What is a grave crime?

A
  • Offence carries 14 years or more
  • Sexual offences
42
Q

If a youth pleads not guilty at the plea before venue, in what circumstances must the court send the trial to the crown court?

A
  • offence capable of being grave crime
  • appropriate sentence over two years
43
Q

What are dangerous youth offences?

A
  • Specified offence (violent, sexual, terrorism)
  • Criteria for imposing extended sentence met
44
Q

Will there be a plea before venue for dangerous youth offenders?

A

No must be sent to crown court

45
Q

What is the criteria for imposing an extended sentence?

A

o Specified offence
o Significant risk of serious harm to public
o Warrants sentence at least 4 years

46
Q

What is an extended sentence under s254?

A

custodial term plus extended licence period

47
Q

Where an offence may be considered a grave crime or dangerous, which element should be considered first?

A

Dangerous

48
Q

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?

A

whether necessary in interests of justice to send youth to be tried with adult

49
Q

What factors will the court consider when sending a youth to be tried with an adult at the crown court?

A
  • 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
50
Q

What are the potential outcomes when an adult is sent to the crown court and the youth pleads not guilty?

A

If decide to try with adult = PTPH alongside adult
If not = first appearance in youth court

51
Q

Can a youth be remitted to the youth court once sent to the crown court?

A

No

52
Q

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?

A

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

53
Q

If an adult pleads guilty and a youth pleads not guilty, which court will the youth be tried in?

A

Adult magistrates may try youth without adult but more likely to remit to youth court

54
Q

If a youth pleads guilty when jointly charged with an adult, what will happen?

A

adult magistrates send to youth court if sentencing powers are insufficient

55
Q

What is the relevant date for the age of the youth on sentencing?

A

Date of conviction

56
Q

What must happen when a trial is concluded in the crown court and the youth is found guilty?

A

Must remit to youth court for sentence unless undesirable (except for homicide)

57
Q

What is the court’s duty regarding parents in sentencing?

A

Under 16 = must make parenting order if desirable to prevent further offences

58
Q

What are persitent offenders?

A
  • 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
59
Q

What are the types of sentences available to youths?

A
  • Absolute/conditional discharge and reparation orders
  • Fines
  • Youth rehabilitation orders (community)
  • Referral orders
  • Detention and training orders (custodial)
60
Q

What are the requirements for imposing a youth rehabilitation order?

A

offence is ‘serious enough’ but need not be imprisonable

61
Q

Which youth rehabilitation orders are only available if the youth is 16-17?

A
  • unpaid work requirement
  • residence requirement
62
Q

Which youth rehabilitation orders are only available if the offence is imprisonable and the custody threshold is passed?

A
  • intensive supervision and surveillance requirement
  • Fostering requirement
63
Q

Which court cannot impose a youth rehabilitation order?

A

Adult magistrates

64
Q

What is the minimum and maximum term of a referral order?

A

Minimum term = 3 months
Maximum term = 12 months

65
Q

When is a referral order mandatory and what is the exception?

A
  • Not previously convicted
  • Pleads guilty to imprisonable offence
66
Q

When is a referral order discretionary?

A
  • Second or later conviction
  • Pleads guilty
67
Q

When can the court not give a referral order?

A
  • Sentence fixed by law
  • Absolute/conditional discharge justified
  • Court proposes Hospital order
  • Custody is only correct disposal
68
Q

What are the youth court’s options when a youth breaches a referral order?

A
  • Allow order to continue
  • Fine up to £2500 and allow order to continue
  • Amend terms of order or
  • Revoke and re-sentence
69
Q

What is the requirement for a detention and training order?

A

So serious that neither fine or community sentence can be justified

70
Q

When can a detention and training order not be imposed?

A
  • Age 10-11
  • Age 12-14 unless persistent offender
71
Q

What must the term of a detention and training order be?

A
  • 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
72
Q

When can a youth be sentenced to long term detention and where?

A

Grave crimes
Sentenced in crown court

73
Q

What is the potential sentence for dangerous young offenders?

A

extended detention or detention for life

74
Q

What is the minimum sentence for a youth for murder?

A

12 years

75
Q

What are the sentences available to the youth court?

A
  • Absolute/conditional discharge
  • Fines (limit)
  • Referral order
  • Reparation order
  • YRO
  • DTO
  • Parenting order
  • Parental bind over
76
Q

What are the sentences available to the adult magistrates court?

A
  • Absolute/conditional discharge
  • Fines (limit)
  • Referral order
  • Parenting order
  • Parental bind over
77
Q

What are the sentences available to the crown court for youths?

A
  • Absolute/conditional discharge
  • Fines
  • Reparation order
  • YRO
  • DTO
  • Parenting order
  • Long term detention
  • Extended detention (dangerous)
  • Life (dangerous)
  • His majesty’s pleasure

Criminal Practice (20 decks)

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