Youths Flashcards
What is a ‘Youth’?
A Person between the Ages of 10-17.
Children under 10 cannot be Guilty of an Offence.
What is a ‘Juvenile’?
A Person below the Age of 18.
What is a ‘Child’?
A Person below the Age of 14.
What is a ‘Young Person’?
A Person between the Ages of 14-17 (Inclusive).
What is a ‘Persistent Young Offender’?
A Young Person that:
- Has been Convicted of, or made subject to Pre-Court Disposal following a finding or admission of Guilt;
- In relation to Imprisonable Offences;
- On at least 3 Occasions in the previous Year.
Being Sentenced for a series of separate, comparable Offences committed over a short time frame can qualify, e.g. multiple Robberies over a few days.
What is the Composition of a Youth Court?
- A District Judge; or
- At most Three Magistrates.
Anyone sitting in a Youth Court must undergo specialist training.
Are Reporting Restrictions Discretionary in the Youth Court?
No. They are automatic, but can be lifted in exceptional circumstances.
Is the Youth Court a Public Court?
No. Only the following Persons may attend:
- Officials of the Court.
- Certified Reporters, subject to restrictions.
- The Parties and their Legal Representatives.
- Anyone whose presence the Court authorises.
- Witnesses and others directly concerned with the Case.
If a Youth appears in the Magistrates’ or Crown Courts, the Public is not excluded, unless the Youth is sitting in Chambers.
When must a Parent or Guardian (“P/G”) attend Proceedings at the Youth Court?
- If the Offender is below the Age of 16; in which case
- The P/G must be present at all stages, unless and to the extent the Court believes it would be unreasonable.
If the Offender is under the care of the Local Authority, its Representative is who must attend.
If the Offender is Aged 16 or 17, the Court may still require the Parent, Guardian, or Representative to attend.
What is a ‘Guardian’?
Anyone who has, for the time being, the care of the Child or Young Person.
How are Police Station Procedures different for Juveniles?
Protections Under PACE:
- Vulnerable Suspect: Juveniles are treated as Vulnerable Suspects by default.
-
Appropriate Adult (“AA”): Juveniles are entitled to the attendance of an AA, who looks after their welfare while at the Station.
- Promptly after Arrest, the Police must summon the AA and tell them why the Juvenile is detained.
Age Determination:
- Precautionary Approach: If there is any doubt regarding the Detainee’s age, the Police must treat them as a Juvenile.
- Court Determination: Any disputes about age are resolved by the Court if the Detainee is Charged.
Notification Upon Arrest:
- Informing Guardians: The Juvenile’s Parents or Guardians must promptly informed of the Rrrest, the reasons therefor, and the site of detention.
Who may Act as an Appropriate Adult?
- P/G.
- Social Worker.
- Responsible Adults Unaffiliated with the Police.
P/Gs can be Officers so long as they are not involved in the Investigation.
Who may not Act as an Appropriate Adult?
- Victims.
- Witnesses.
- Fellow Suspects.
- The School’s Principal.
- Anyone Involved in the Investigaion.
- Estranged Parents, but only if the Juvenile objects.
- Solicitors or Independent Custody Visitors whilst Performing their Duties.
- Anyone that has received an Admission from the Detainee before acting as an AA.
What is the Role of an Appropriate Adult?
To protect the Juvenile’s welfare and actively ensure its rights are protected.
What are the Powers of an Appropriate Adult?
- Private Consultation: It can consult privately with the Juvenile at any time and access the custody record.
- Instruction of Legal Advisors: It can instruct a Solicitor on the Juvenile’s behalf.
Are Consultations with an Appropriate Adult Privileged?
No. As such, the Juvenile should be given an opportunity to privately consult with a Solicitor.
The AA does not owe a Duty of Confidentiality.
When is an AA’s Presence required?
When the Juvenile is:
- Charged.
- Interviewed.
- Having their Rights read.
- Participating in an ID Procedure.
- Subjected to a Strip or Intimate Search.
Strip or Intimate Searches must be done by an Officer of the same sex.
What are the Procedural Safeguards for ID Procedures involving Juveniles?
- The consent of both the Juvenile and the P/G is necessary.
- If the Juvenile is below Age 14, the P/G’s consent alone suffices.
When can the Police Proceed without the Presence of an Appropriate Adult?
An Officer of at least Superintendent Rank so authorises, namely because delay would:
- Alert other Suspects.
- Interfere with Evidence.
- Cause physical harm to others.
- Cause serious loss of Property.
- Hinder the recovery of Property.
If a Caution is given without an AA present, it must be later repeated in their presence.
What are the Options for the Police after Interviewing a Youth?
- No Further Action: Deciding not to proceed with the Case.
- Community Resolution: An informal agreement between the Parties involved.
- Youth Caution: A formal warning given for minor Offences.
- Youth Conditional Caution: A caution with specific conditions attached.
- Charge: Proceeding with Prosecution.
What are the Preconditions for Issuing a Youth Caution?
- Confession: The Youth admits to the Offence.
- Sufficient Evidence: The Police have enough Evidence to charge the Youth.
- Appropriateness: The Police decide that Prosecution or a Youth Conditional Caution is unnecessary.
- Crown Prosecution Consent: If the Offence is Indictable-Only for Adults, the CPS must give consent.
There is no statutory limit on the number of Youth Cautions a Youth can receive, and a Youth can receive a Caution even with Previous Convictions.
What is the Additional Ground for Refusal of Bail specific only to Youths?
Detention in the Youth’s Best Interests.
If a Youth is Detained for Court, where should they be Detained?
Local Authority Accommodation, unless:
- It is physically impossible; or
- For Youths Aged 12-17, no secure options are available; and
- Alternatives would not adequately protect the Public from serious harm.
Is the Local Authority Obligated to Provide Secure Accommodation at every Request?
No.
