Youths Flashcards
When is an offender dealt with as a youth or adult?
If turn 18 before first appearance, dealt with as adult.
If during, Youth Court can retain jurisdiction (with adult court powers) or send to adult Magistrates.
What is a persistent young offender?
Sentenced on 3 separate occasions within 12 months for the same / comparable offences; OR
Sentenced on one occasion for several offences which are comparable.
When must a parent/guardian attend trial / other proceedings with the youth?
Always if the youth is under 16 at all stages of court proceedings unless unreasonable having regard to the circumstances.
If youth is 16-17, the court may require a parent or guardian to attend.
What rights do youths have on arrival at the police station?
1) Right to legal advice
2) Right to not be held incommunicado
3) Right to appropriate adult
4) Right to interpreter
5) Right to decent treatment
6) Right to consult PACE Codes of Practice
What is the presumption about the court in which youths will be dealt with?
Presumed that a youth will be tried in the youth court, even for indictable only offences.
However, there are 5 circumstances in which the presumption does not or may not apply.
When must a youth be sent to Crown Court?
- Charged with murder
- Charged with a firearms offence and over 16
When may a youth be sent to Crown Court?
1) Dangerous offender
2) Grave Crime
3) Jointly charged with adult
What is the test for grave crimes?
Grave Crime: Where the maximum statutory sentence for an adult for the same crime is 14 years imprisonment
* rape or sexual assault
* Arson
* Burglary of a dwelling
* Robbery
* s.18 GBH
The youth court may accept jurisdiction if they feel that their sentencing powers are adequate (24 month DTO) or may send to Crown Court where longer sentence appropriate.
What is the test for dangerous offenders?
If the youth is a dangerous offender, the court must send them to Crown Court for trial.
Dangerous offender:
1) Specified offence (manslaughter, attempted murder, s.18 GBH, arson, robbery, aggravated burglary or sexual offences)
2) Significant risk of serious harm to the public from youth committing further offences
3) Offence warrants equivalent determinate sentence of at least 4 years.
When will a youth be tried if they are jointly charged with an adult and the adult is tried in the Crown Court?
Youth will also be sent to CC for trial if it is necessary in the interests of justice, considering:
- Minor / significant role
- Age gap between minor and adult
- Age of minor
- Witnesses giving evidence twice or other injustice
- Power to commit for sentence if grave crime
- Previous convictions
When will a youth be tried if they are jointly charged with an adult and the adult is tried in the Mags Court?
Youth will also be tried in the Magistrates Court and will likely be remitted for sentence to the Youth Court unless the sentence is likely to be a fine or discharge.
What are the stages of sentencing a youth?
1) Aims of youth justice system
2) Welfare of young person + custodial sentence as last resort
3) Seriousness (culpability and harm)
4) Likelihood of further offending + harm
5) Age
6) Peer pressure
7) Traumatic experiences
What are the sentences available to youths?
1) Absolute or conditional discharge
2) Fine
3) Referral order
4) Youth Rehabilitation Order
5) Detention and training order
What is a referral order?
- MUST be made where juvenile pleads guilty to offence carrying a custodial sentence (unless making absolute discharge / custodial sentence instead) and never previously been convicted or bound over.
- The youth is referred to a panel which enters into a ‘youth offender contract’ after speaking with the panel and family with a view to stop further offending, help right the wrong and other problems.
- Contract is a programme of behaviour to stop reoffending and lasts 3-12 months.
If breached / further offence, may return to youth court and be resentenced or made more onerous.
