Youths

Question 1

what court deals with young people/children?

Answer 1

The youth court

Question 2

What are the exceptions to the rule (that a child must be tried in the youth court?)

Answer 2

1) Homicide
2) firearms- over 16, charged with a firearms offence subject to a mandatory minimum sentence of three years
3) notice given in serious or complex fraud
4)notice given in a child case
5) dangerousness, charged with a specific offence and the court considers that the child or young person would meet the criteria for a sentence under the ‘dangerous offender’ provisions
6) grave crimes- sentence him to more than 2 years detention
7) adult co-defendant- jointly charged with an adult sent for trial

Question 3

What is the two stage test for deciding if they have committed a ‘grave crime’

Answer 3

1) the offence must fall in the definition of a grave crime

2) the committing court must be of the opinion that a sentence of more than two years will be required (this is because a youth court can only impose up to a 2 year sentence)

Question 4

where is a child’s first appearance if jointly charged with an adult?

Answer 4

In the magistrates court

Question 5

What are the interest of justice test when charged with an adult?

Answer 5

1) whether separate trials will cause injustice to witnesses or to the case as a whole
2) the age of the child or young person
3) the age gap between child and adult
4) the lack of maturity of the child
5) the relative culpability of the child
6) lack of previous findings of guilt on the part of the child

Question 6

What are the key sentences

Answer 6

A detention and training order- imposed 4-24 months

Youth rehab order

Referral order- only imposed on children.