Youths Flashcards
What are the specific aims of the youth justice system?
- prevent children and young people from offending
AND
- to have regard to the welfare of the child or young person
Can a child under the age of 10 be guilty of an offence?
No
What age range is the youth justice system concerned with?
Those aged between 10 and 17
Who is a juvenile in law?
A person aged under 18
When is a person an adult in law?
18 or over
At what age can a person no longer go to a Young Offender Institution?
Aged 21 or over
When is a person a child in the criminal justice system?
When they are under the age of 14
When is a person a young person in the criminal justice system?
When they are aged 14 and over but less than 18
What form of trials take place in youth courts?
Summary trials whether indictable offence or not
How is a youth court composed?
- one district judge sitting alone
OR
- no more than three magistrates
(They must have specialist training to sit in the youth court)
Is the youth court a public court? What are the consequences of this?
It is not a public court.
Automatic reporting restrictions apply
Limited people can be present in the youth court ie those connected with the case only
Are the public excluded for adult magistrates’ court or crown court when a youth is appearing there as a defendant or a witness?
No they are not excluded
What happens if the accused is under 16 in relation to parents or guardians?
The court must require the parent or guardian to attend with the youth at all stages of the proceedings ‘unless the court is satisfied that is would be unreasonable to do so, having regard to the circumstances of the case
What happens if the accused is 16 or 17 in relation to parents or guardians?
The court may require a parent or guardian to attend.
Who is a guardian and parent in youth court case?
- parent includes adoptive parent
- guardian is anyone who has for th time being the care of the child or young person
What happens if the accused is in the care of the LA?
Then a representative of the LA must (or may if accused is 16 or 17) attend court instead of or in addition to the parent
How are youth courts more informal than the adult magistrates’ court and the Crown Court?
- lawyers and witnesses remain seated
- lawyers are not robed
- the youth sits in the chair not in the dock and usually their parent or guardian sits next to the youth and lawyers may sit next to their client
- 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 the adult magistrates’ court
- the language used is different eg finding of guilt is a conviction and order made on a finding of guilt is a sentence
What have the E Court on HR said in relation to trial involving children?
The child must have a broad understanding of the trial process and what is at stake and any other change to ensure effective participation
What protections do those aged 17 and under have at the police station?
They have all the protections under PACE as adults but there are a number of additional safeguards
What protection is afforded by the Appropriate Adult?
They attend the police station and look after the suspects welfare (they are not just for juveniles)
Who is to be afforded the protection given to juveniles at police stations?
Anyone who appears to be under the age of 18 shall in the absence of clear evidence be treated as a juvenile
If in doubt, then person will be detained as a juvenile
Who should be informed of juvenile’s arrest? What else will they be told?
- person responsible for their welfare must be informed of arrest, reason for arrest and where they are being detained
- appropriate adults (who may be the same person) must also be contracted, informed of arrest , grounds for detention and whereabouts of juvenile. They must also be asked to attend the police station.
Who can be an appropriate adult?
- the parent, guardian or anyone else with parental responsibility
- social worker
- any other responsible adult who is not a police officer
Who should not be an appropriate adult?
- if they are suspected of involvement in the offence
- if they are a victim of the offence
- if they are a witness to the offence
- if they involved in the investigation
- if they have received admissions prior to attending to act as the AA
- someone who is not independent f the police
Can an a solicitor or independent custody visitor present at the police station and acting in that capacity be an appropriate adult?
No
Can an estranged parent be asked to act as AA?
Not if the juvenile specifically objects to it
What should happen if the juvenile admits to an offence in the presence of a social worker or member of a youth offending team other than during the time that person is acting as the juvenile’s appropriate adult?
Another appropriate adult should be appointed in the interests of fairness
What should happen if the juvenile is vulnerable in relation to appointing an appropriate adult?
May be more satisfactory if the appropriate adult is someone experienced or trained in their care rather than a relative lacking such qualifications
But if the juvenile prefers a relative to a better qualified stranger their wishes should, if practicable be respected
What is the role of the appropriate adult?
They are to:
- advise the juvenile being questioned
- observe whether the interview is being conducted properly and fairly and
- facilitate communication with the juvenile being interviewed
In essence they are there to help the juvenile cope with the demands of custody and questioning and to appreciate the seriousness of the situation
What rights does an AA have?
- they can instruct a solicitor on behalf of the juvenile
- they can consult with the juvenile in private at any time and also to consult the custody record
Is an AA subject to legal privilege and duty of confidentiality? Are there any consequences flowing from this?
An AA is not subject to legal privilege and duty of confidentiality.
The AA may volunteer information to the police that would otherwise be confidential
A solicitor should see a juvenile at least initially without the AA.
When should the AA be present with the juvenile?
- when they are being read their rights
- when they are being strip searched or subjected to an intimate search
- when being interviewed
- when attending an identification procedure
- when being charged
When can a juvenile be interwoven or asked to sign anything without an AA being present?
When it has been authorised by someone of at least superintendent rank and only if they believe delay will have certain consequences and are satisfied that the interview would not significantly harm the juvenile’s physical or mental state
What must happen if the juvenile is cautioned in the absence of an AA?
The caution must be repeated in the AA’s presence
What role foes juvenile’s parent/guardian have in ID procedures?
Their consent is need in addition to the juvenile’s consent for participation in any ID procedure.
If the juvenile is under 14, then the consent of the parent alone is sufficient
What are the options for the police and prosecution after interviewing a child and young person accused of an offence?
- no further action
- community resolution
- youth caution
- youth conditional caution
- charge
How is it decided whether a youth should be granted bail after charge?
Same principles apply to youth offenders as they do to adult offenders
So youth should be released on bail unless one or more of the grounds contained in s 38 exists which are the same as for adults with addition of additional ground of it being ‘in their own interest’ to be detained
If bail has been refused, where should the youth be detained for court?
They should be placed in local authority accommodation unless
- it is impracticable for the custody officer to do so ie physically impossible or
- in the case of a youth aged 12-17, no secure accommodation is available and other local authority accommodation would not be adequate to protect the public from serious harm
Note LA’s under no duty to provided secure accommodation when a request is made.
Custody officers should do everything practicable to place detainee in LA accommodation opposed to police station
Can the juvenile’s behaviour or nature of offence be factored in when the custody officer decides whether it is practicable to place them into local authority care?
No
What effect is the youth being arrested because of alleged breach of bail or breach of remand conditions?
Then their right to be placed in local authority accommodation as far as practicable does not apply and they can be held in police custody
What is the purpose of disposing of a youth offender through an out of court disposal?
To reduce the risk of further offending by the youth and serve as a proportionate response to the crime committed
What is a youth caution?
It is a formal out-of-court disposal and is the final step before prosecution.
The police must refer a youth who has received a youth caution to the youth offending team
What statutory criteria must be satisfied for a youth caution to be used?
- the police are satisfied that there is sufficient evidence to charge the youth with the offence
- the youth admits the offence to the police
- the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence
When can the police issue a youth caution for an offence that is indictable only in the case of adult?
When they have the authority of the CPS to do so
Can a youth receive a youth caution if they have previous convictions, reprimands, warnings, youth convictions, and youth conditional cautions?
Yes
Where will most youths have their first hearing?
Before the youth court
When will youths have their first hearings before the adult magistrates’ court?
When:
- the youth is jointly charged with an adult
- the youth is charged with aiding and abetting an adult to commit an offence
- an adult is charged with aiding and abetting a youth to commit an offence
- the youth is charged with an offence that arises out of the same circumstances as, or is connected with, an offence that an adult is charged with
What is the only circumstance where an adult will appear before the youth court?
Where an youth becomes an adult during the course of proceedings (ie after the first hearing)