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Criminal Practice > Youths > Flashcards

Youths Flashcards

1
Q

Aims of the youth justice system

A
  1. Prevent children and young people from offending
  2. Have regard to the welfare of the child or young person
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2
Q

Age of criminal responsibility

A

No child under age of 10 can be guilty of an offence.

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3
Q

Terms for ages of kids

A

Juvenile: person who is under age of 18

Adult: Aged 18 or over

Child: person under 14

Young person: between 14 and 17

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4
Q

What is a persistent young offender?

A

No statutory definition.
Guidelines:
Been convicted of or made subject to a pre-court disposal that involves an admission or finding of guilt in relation to imprisonable offences on at least 3 occasions in the past 12 months.

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5
Q

Composition of youth court

A
  • district judge sitting alone
  • not more than three magistrates

Must undergo specialist training to sit in the youth court.

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6
Q

Who can present in a youth court?

A
  • members and officers of the court
  • parties to the case before the court and legal reps
  • witnesses and others persons
  • bona fide representatives of newspapers and agencies (but reporting restrictions)
  • such other persons as the court may specially authorise to be present
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7
Q

Parents and guardians

A

If accused is under 16 the court must require a parent or guardian to attend with the youth at all stages of the proceedings ‘unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance’

If 16 or 17 court may require a parent attends.
Guardian is defined as anyone who has for the time being the care of the child or young person.

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8
Q

Youth court informalities

A

For example:
- lawyers and witnesses remain seated
- lawyers are not robed
- youth sits in a chair and not the dock and usually their parent or guardian sits next to the youth and lawyers may sit next to their clients
- magistrates talk directly with the defendants and their parents
- Justices who sit on youth court benches are specially trained
- Youth and any youth witnesses are addressed by their first names
- If the youth or youth witnesses need to take and oath this will be a promise to tell the truth
- language is more accessible

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8
Q

Modifications to adult courts

A
  • familiarisation visit to the court
  • remove wigs and gowns in the CC
  • refer to a child by their first name
  • have child outside dock
  • have appropriate adult by child
  • have child close to their lawyer
  • regular breaks
  • avoid complicated language
  • ensure child has access to support
  • keep public access to a minimum
  • use intermediary for communication
  • use live link to give evidence
  • take time to explain court proceedings
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9
Q

Appropriate adult

A

One of main protections at police station for juveniles is the presence of an appropriate adult.

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10
Q

Who should be informed of the juvenile’s arrest?

A
  • person responsible for the juvenile’s welfare must be informed asap arrested, why, and where he is being detained

AA must also be contacted (may be the same person). AA must be informed on the grounds thats but for the juveniles detention and the whereabouts of the juvenile and must be asked to attend the police station.

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11
Q

Role of an AA

A
  • advise juvenile being questioned
  • observe whether the interview is being conducted properly and fairly
  • facilitate communication with the juvenile being interviewed

Meant to help youth cope with demands of custody and questioning and appreciate the seriousness of the situation.

Note; no duty of confidentiality owed by an AA.

AAs should be present when:
- being read rights
- intimate search
- interview
- id procedure
- attending an id procedure
- being charged

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12
Q

Options after interview

A
  • no further action
  • community resolution
  • youth caution
  • youth conditional caution
  • charge
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13
Q

Detention of youths after charge at police station

A

Youth should be released on bail unless one or more of the grounds contained in s.38 exists + additional aground allowing youth to be detained in their own interests.

If detained for court: should be placed in local authority accommodation unless:
- impracticable for custody officer to do so (impossible)
- youth aged 12017: no secure accommodation is available and other local authority accommodation would not be adequate to protect the public from serious harm

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14
Q

Purpose of options before charge

A

Reduce risk of further offending by youth and proportionate response to the crime committed. Police have range of options available depending on the seriousness of the offence and the circumstances of the offender.

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15
Q

Youth caution

A

Can be used for any offence where:
- police are satisfied that there is sufficient evidence to charge the youth with an 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

Note: not available for indictable only without authority of CPS

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16
Q

Location of first hearing

A

There is a presumption that youths will have their first hearings in the Youth Court.

Exceptions (MC):
- jointly charged with adult

This is because an adult cannot appear in the youth court (unless a youth becomes an adult during proceedings - after first hearing).

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17
Q

Youth court jurisdiction

A

If a young person is 17 when arrested and charged but attains the age of 18 before their first appearance the YC has no jurisdiction to hear their case.

Key date: age at their first hearing before the court

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18
Q

First hearings in the youth court

A
  • court will ask youth to enter a plea
  • if youth enters a guilty plea the court should endeavour to pass sentence on the same day but may need adjourn to prep pre-sentence report
  • If not guilty plea, parties will be asked to complete a case management form and directions will be made for the future management of the case
  • Youth has no right of election to the Crown Court in the same way as an adult charged with an either-way offence
    Exception:
  • if pleads guilty to a grave crime, the case will be sent to the CC for sentence
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19
Q

When will a trial be held in the Crown Court?

A

Must be tried in the Crown Court if:
- charged with homicide
- charged with firearms offence subject to a mandatory minimum sentence
- notice has been given to court in a serious or complex fraud case or child case
- Grave crime and court considers it needs to be possible to sentence the youth to more than two years detention —> crown court
- If specified offence and the dangerous offender provisions apply.
- Youth is jointly charged with an adult who has been sent to the CC and it is in the interests of justice to send the youth to the CC.

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20
Q

What is a grave crime?

A
  • punishable with 14 years imprisonment or more for an adult (arson, robbery, rape, burglary, handling stolen goods)
  • certain offences of a sexual assault
  • firearms and weapons

AND

Court considers that it ought to be possible to sentence them to more than two years detention if found guilty of the offence, then they should be sent to the CC.
Test to be applied by the court is whether there is a real prospect that a sentence in excess of two years’ will be imposed.

20
Q

When will a trial be held in the magistrates court?

A

A child or young person will only be tried in the adult magistrates court when they are jointly charged with an adult.

21
Q

Youth: plea before venue

A

Applies where youth is charged with an offence capable of being a grave crime or charged with an adult for an either-way or indictable only offence.

Youth asked to indicate plea.
If the indication is not guilty the youth court must consider whether if convicted of the offence whether there is a real prospect that a sentence in excess of two years detention will be imposed.

If feel it should be then they MUST send the youth to the CC for trial

  • will hear submissions and previous convictions can be taken into account.

Note: can still commit to CC for sentence later.

22
Q

Dangerous young offender

A

Should be sent to CC for trial if the offence is a specified offence and seems if found guilty the youth would meet the criteria for sentence under dangerous offender provisions.

Sentence can only be imposed if:
- child or young person is found guilty of a specified violent or sexual offence
- court is of the opinion that there is a significant risk to the public of serious harm caused by the child or young person
- custodial term of at least 4 years would be imposed for the offence

23
Q

Allocation for youth charged alone for grave crime

A
  1. First appearance: youth court
  2. Consider whether grave crime
  3. yes = plea before venue
  4. Prosecution and defence make representations
  5. test: is a sentence substantially in excess of 2 years a real prospect?
  6. if not met, youth remains in youth court with power to commit for sentence.
    If met —> crown court
24
Q

Adult and youth jointly charged: adult sent to CC

A

MC will have to consider whether it is in the interests of justice for the child or young person and the adult to be tried jointly.

IOJ test is concerned with the trial.

25
Q

IOJ test

A

consider if:
- separate trials will cause injustice to witnesses or case as whole
- age of the child or young person
- age gap between child and adult
- lack of maturity of the child or young person
- relative culpability of the child or young person compared with adult
- lack of previous findings of guilt on the part of the child or young person

Must balance these

26
Q

Procedure after allocation: crown court

A
  • youth should be tried with the adult - sent to CC for PTPH
  • after trial, court MUST remit the case to youth court unless desirable to do so (except for homicide)
27
Q

Youth jointly charged with na adult (either way offence) not grave crime: not guilty

A

First appearance: mags court
1. not a grave crime

  1. PBV for adult
  2. adult pleads not guilty - court makes a decision on adult allocation
  3. if court accepts jurisdiction and youth pleads not guilty both will be tried in MC
  4. If court declines jurisdiction or adult elects crown court, court will apply the IOJ test
    > IOJ test met, youth sent to CC for trial with adult
    > test not met, youth will be tried in the youth court
28
Q

Youth jointly charged with an adult (either way offence) grave crime: not guilty

A

First appearance: mags court
1. offence is a grave crime

  1. Take plea for youth
  2. youth pleads not guilty: sentence in excess of two years?
  3. if met > sent for trial in CC
  4. PBV for adult > if adult pleads not guilty send for trial to CC with youth
  5. If two year test is not met do PBV for adult
  6. if adult please NG and is sent to CC then apply IOJ test. If met send youth to CC for trial
  7. If adult pleads NG and remains in MC, youth remains in MC
  8. If adult pleads guilty then each dealt with separately according to usual principles
29
Q

Youth jointly charged with an adult (either way offence) grave crime: guilty

A

youth pleads guilty to grave crime –> ask if sentence in excess of 2 years should be available
- if met send to CC for sentencing
- if not met send to YC for sentencing

Then deal with adult

30
Q

youth charged with adult (indictable offence)

A

First appearance: MC
1. adult will be sent to CC

  1. homicide etc. send to CC
  2. grave crime and two year test is met, send to CC for trial with adult if NG or commit for sentence if G
  3. not grace from or two year, take plea
  4. if guilty remit to YC for sentencing
  5. if guilty apply the IOJ test.
31
Q

General principles of youth sentencing // overarching guidelines

A

Have regard to:
- the principle aim of the youth justice system (prevent re-offending by children and young people)
- welfare of young person or child
- age of the child or young person which requires a different approach to that which would be adopted in relation to the age of an adult
- seriousness of the offence which is determined in the same way as for adults by assessing the culpability and harm
- likelihood of further offences being committed
- extent of harm likely to result from further offences

32
Q

Parenting order

A

For any child under 16 there is a statutory requirement that parents/guardians attend all stages of proceedings unless deemed unreasonable.

Court has a duty to make a parental bind over or impose a parenting order if desirable in interest of preventing further offences.

Any breach by parent results in fine.

33
Q

Significance of age

A

Ages 12, 15, or 18 will have an effect on maximum sentence available.

Relevant age for sentencing is date of conviction.

34
Q

Youth non-custodial sentences

A
  • youth rehabilitation orders (no min, man 36 months)
  • referral orders
  • reparation orders
  • orders against parents
35
Q

Youth rehabilitation order

A

Fall within the community orders band.

Passed by the court if satisfied that the offence is “serious enough” to warrant it.

  • activity requirement
  • supervision requirement
  • unpaid work requirement
  • programme requirement
  • attendance centre requirement
  • prohibited activity requirement
  • curfew requirement
  • exclusion requirement
  • electronic monitoring requirement
  • residence requirement
  • local authority residence requirement
  • fostering requirement
  • mental health treatment requirement
  • drug treatment requirement
  • intoxicating substance requirement
  • education requirement
  • intensive supervision and surveillance requirement
36
Q

Restrictions on referral orders

A

Only available for 16 and 17 year olds:
- unpaid work requirement
- residence requirement

Only imposed if offence is imprisonable AND custody threshold has been passed. If under 15 must be a persistent offender:
- intensive supervision and surveillance requirement
- fostering requirement

37
Q

What is a referral order?

A

Requires an offender to attend each of the meetings of a youth offender panel established for the offender by the Youth Justice Service and to comply for a particular period with a programme of behaviour to be agreed between the offender and the panel.

Fall between community orders and fines.

Minimum 3 months, max 12 months.

Spent when discharged and leave youth with a clean slate.

38
Q

When is a referral order mandatory?

A
  • where the young offender has not previously been convicted of an offence
  • the young offender pleads guilty to an imprisonable offence and any other offence being dealt with by the court at the time

Does not apply where the sentence is fixed by law, the court proposes to impose a custodial sentence, hospital order or absolute or conditional discharge.

39
Q

When is a referral order is discretionary?

A

When:
- it is a second (or later) conviction
and/or
- if the offender pleads guilty to the offence or a connected offence being dealt with by the court

Offence or connected offence need not be imprisonable

Referral order cannot be given where the sentence is fixed by law, the court feels that an absolute discharge is justified or the court is proposing to make a hospital order or the court considers that custody is the only correct disposal.

40
Q

What are the options when an offender is in breach of a referral order?

A

Options to the court:
- take no action and allow the order to continue in its original form
- impose a fine (up to £2500)
- amend the terms of the order
- revoke the order and re-sentence the child or young person

41
Q

What is a detention and training order?

A

The only custodial sentence available to the youth court.

Custodial sentence should always be used as a last resort.

42
Q

Threshold for a detention and training order

A

Only where an offence is so serious that neither a fine alone nor a community sentence can be justified.

43
Q

When can the court apply a DTO?

A

DTO’s can only apply when a child or young person has been convicted of an offence which is punishable with imprisonment in the case of an adult.

  • No DTO can be imposed by the YC on any offender aged 10 or 11
  • No DTO can be imposed by the YC on anyone aged 12-14 unless they are a persistent offender
  • Minimum length of a DTO is 4 months
  • Maximum length of a DTO is 24 months
  • Consecutive DTOs can be imposed up to an aggregate of 24 months
44
Q

DTO sentencing guidelines

A

Should take into account of the circumstances, age and maturity of the child or young person.

Any case that warrants a DTO of less than four months must result in a non-custodial sentence.

Court may feel it appropriate to apply a sentence broadly within the region of half to two thirds of the adult sentence for those aged 15-17 and allow a greater reduction for those aged under 15

First half of a DTO is in a secure youth detention and the second in the community under supervision.

45
Q

Dangerous offenders

A

If a child or young person is found to be dangerous they can be sentenced to extended detention or detention for life

46
Q

Detention at His Majesty’s Pleasure

A

Mandatory sentence for any child or young person found guilty of committing a murder.

Starting point for the minimum term is 12 years.

47
Q

Detention in a Young Offenders Institution

A

Although sentenced as adults this is the usual custodial sentence for those between 18 and 21

48
Q

Sentences the Youth Court can make

A

Absolute discharge​

Conditional discharge​

Fines- limited ​

Referral order ​

Reparation order​

Youth rehabilitation order ​

Detention and training order​

Parenting order​

Parental bind over​

49
Q

Sentences the Magistrates Court can make

A

Absolute discharge​

Conditional discharge​

Fines- limited ​

Referral order ​

Parenting order ​

Parental bind over​

50
Q

Sentences the Crown Court can make

A

Absolute discharge ​

Conditional discharge​

Fines (no limitation)​

​

Reparation order​

Youth rehabilitation order​

Detention and training order​

Parenting order​

​

Detention for a specified period s. 250 Sentencing Act 2020​

Extended detention for ‘dangerous offenders’​

Life for ‘dangerous offenders’​

Detention at His Majesty’s Pleasure (murder)​

Criminal Practice (20 decks)

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