Youths Flashcards
Parental Attendance at court
MUST attend if under 16
court discretion if 16-17
Aim of sentencing guidelines for youths
Rehabilitiation
Prevent offending
Regard to Y’s welfare
Definitions:
- Child
- Young Person
Child: under 14
Young person: 14 and over
Persistent Young Offender
Convicted of 3 imprisonable offences in prior year
If Y is refused bail, where should they be remanded?
Under 12: Local Authority Accomodation
Under 17: Youth Detention Accomodation (if legal rep + grave offence OR history of absoonding and necessary to protect public OR prevent Y committing further offences which cannot be managed in community
17-18: custody (if arrested due to breach of bail or remand condition)
Location of first hearing
Youth court unless jointly charged with adult Co-D
When must Y give an indication of plea
- Adult Co-D
- Murder
- Grave Crime
Location of trial
Youth court unless:
- Murder = MUST CC
- Grave Crime (14 years: Burglary, s18, Robbery, Arson): May CC if sentence substantially in excess of 2 years is a real possibility
- Adult Co D if both plead NG: May CC if in interests of justice (must Mags)
+ Fireaarms if 16 = CC
+ Dangerous + violent or sexual = CC
+ Fraud or child = CC
Location of sentencing
Youth unless undesirable (or murder)
Sentencing powers of different courts
Youth = everything
Mags = RO only (+ discharge or fine)
CC = everything except RO
Types of custodial sentences
Threshold: so serious…
- EDS: Murder or Dangerous Offender
- Custodial: Grave crime
- Detention Training Order: pre-sentence report + 12 (if 12-14 then PYO)
- YRO with ISS / fostering: 12 (if 12-14 then PYO)
Types of community sentence
Threshold: serious enough…
D must be under 18 at conviction
RYO: pleads NG
Referral Order (RO)
- Must if pleads G + first offence
- May if pleads G
