Youths Flashcards
What are the aims of the youth justice system?
The aims of the youth justice system are:
-to prevent children and young people from offending, s37 CDA 1998; and
-to have regard to the welfare of the child or young person, s44 CYPA 1933
What is the role of the Sentencing Children and Young People guidelines?
A set of guidelines that ensure the Court have regard to the principal aim of the youth justice system and the welfare of the child/young person.
Further key elements to consider are:
-age of child/young person
-seriousness of offence
-likelihood of further offences being committed
-extent of harm from likely further offences
Define the following:
-juvenile
-child
-young person
-PYO (persistent young offender)
Juvenile-a person under the age of 18
Child-a person under the age of 14
Young person-a person aged between 14 and 17
PYO-a young person convicted of imprisonable offences on at least 3 occasions in the past 12 months
Outline the procedure in the youth court for a youth charged alone.
The first hearing is before the youth court.
Court consider whether offence is a grave crime.
If so, the PBV procedure will take place.
Youth court must decide whether they have adequate sentencing powers if the youth is found guilty.
If inadequate, the youth must be sent to Crown Court for trial.
Outline the procedure in the youth court for a youth jointly charged with an adult.
The first hearing is in the adult magistrates court.
Court consider whether offence is a grave crime.
If so, the PBV procedure will take place.
Adult magistrates court must consider whether the youth will receive a sentence substantially in excess of 2 years.
If yes, the case will stay in the adult magistrates court. If not, the youth will be sent to the youth court for trial.
What are the situations in which a youth must be tried in the Crown Court?
a) Youth charged with homicide
b) Youth charged with certain firearms offences
c) Youth charged with a grave crime
d) Youth is a dangerous offender
e) Youth jointly charged with an adult who has been sent to the Crown Court and it is in the interests of justice to send the youth to the Crown Court for trial
When will a plea before venue (PBV) happen in the youth court?
-Youth charged with an offence capable of being a ‘grave crime’ under s249 SA 2020;
-Youth jointly charged with an adult with an either-way or indictable only offence
The youth court will hear representations from both the prosecution and defence and the facts should be presented in a fair and balanced way by both parties.
What is the definition of a grave crime?
a) Any offence that in the case of an adult carries 14 years or more imprisonment
b) Offences under ss3,13,25 & 26 of the Sexual Offences Act 2003
What question must the Court consider when deciding whether they have adequate sentencing powers for a youth?
If convicted, does the youth have a real prospect of receiving a custodial sentence in excess of two years. In borderline cases, the youth will not be committed to the Crown Court.
What is the relevant age for the purpose of sentencing for a youth?
The relevant age for the purpose of sentence is the age of the offender at the date of conviction.
What is a Youth Rehabilitation Order?
These fall within the community orders band. Before a YRO can be passed the court must be satisfied that the offence is “serious enough” to warrant it although the offence does not have to be imprisonable.
What is a referral order?
A referral order 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.
What is the minimum and maximum term of a referral order?
3-12 months.
In what circumstances is a referral order mandatory?
-where the young offender has not been previously convicted of an offence, and
-the young offender pleads guilty to an imprisonable offence and any other offence being dealt with by the court at the same time
In what circumstances is a referral order discretionary?
-offender is on their second or later conviction, and/or
-if the offender pleads guilty to the offence or a connected offence being dealt with by the court
When can a referral order not be given?
A referral order cannot be given where:
-the sentence is fixed by law
-the court feels that an absolute or conditional discharge is justified
-the court is proposing to make a hospital order
-the court considers that custody is the only correct disposal
What options are available to the Court if a youth breaches their referral order?
-take no action and allow the order to continue in its original form
-impose a fine of up to £2,500
-amend the terms of the order
-revoke the order and re-sentence the child or young person
What is a detention and training order (DTO)?
A DTO is the only custodial sentence available to the youth court.
A custodial sentence should always be used as a last resort.
They can only apply when a youth has been convicted of an offence which is punishable with imprisonment in the case of an adult.
What is the length of a DTO?
4-24 months. The first half of the DTO is spent in secure youth detention and the second in the community under supervision.
When can a DTO not be imposed?
-No DTO can be imposed by the Youth Court on any offender aged 10 or 11
-No DTO can be imposed by the Youth Court on anyone aged 12-14, unless they are a persistent offender
