Youths Flashcards
What are the 2 aims for the youth justice system?
- To prevent children and young people from offending (s.37 Crime and Disorder Act 1998)
- To have regard to the welfare of the child or young person (s.44 Children and Young Persons Act 1933)
What are the ages of criminal responsibility for youths
Between 10 and 17 years old
Presumes that no child under 10 can be guilty of offence
Define Juvenile
A person who is under the age of 18
Define Child
s.107 The Children and Young persons Act:
A person under the age of 14 years old
Define Young person
s.107 The Children and Young persons Act:
A person aged between 14 and 17
Which court do youths by themselves go to
Youth Court
Thy are essentially magistrates courts
Trials in youth court are a form of summary trial
Is the jurisdiction of youth court different to the adult magistrates court?
Yes
Youths will be dealt with by the youth court for nearly all
offences, even those classed as indictable only for adults
What does the youth court consist of?
- District Judge sitting alone; or
- Not more than 3 magistrates
Magistrates and District Judges need specialist training to sit in youth court
Why can only certain people be present in a youth court?
The Youth court is not a public court unlike the adult magistrates or the crown court
However if a youth is appearing as a defendant or a witness in an adult case the public is allowed
Who can be present in a youth court?
- Member and officers (magistrates etc)
- Parties to teh case before teh court (the accused and parents/guardians)
*Witnesses and other persons directly concerned with the case (social workers and probation officers) - Bona fide representatives of newspapers
- Other such person as the court may specially authorise to be present (relatives of the accused or pupil barristers)
When MUST the court require a parent/guardian?
If the accused is under 16, the court MUST require a parent/guardian with the youth at all stages of the proceedings
Unless the court is satisfied that it would unreasonable for them to attend
When MAY the court require a parent/guardian?
If the accused is aged 16 or 17 the court MAY require a parent/guardian to attend
What is Guardian defined as?
s.107 CYPA 1933:
Anyone who has for the time being the care of the child or young person
What if there is no parent or guardian?
If the youth is under the care of the local authority their representative
must (or may) attend court instead of, or sometimes in addition to, the
parent
What are some of the youth court informalities
- Lawyers and witnesses remain seated
- Lawyers are not robed
- The youth sits in a chair not in the dock and usually their parent or guardian sits
next to the youth and lawyers may sit next to their clients. - Rather than communicating via the solicitor, magistrates prefer to talk directly with
the defendants and their parents.
How are Juveniles protected under PACE
The same protection as adults but with additional safeguards
A juvenile is treated as a vulnerable suspect and consequently further protective measures are imposed to protect the juvenile
What is one of the main protections for juveniles detained at the police station
The attendance of an Appropriate Adult (‘AA’).
An AA is someone who attends the police station to look after the welfare of the suspect
What is an alternative to prosecution for youths
Out of court disposals
The purpose is to reduce the risk of further offending by the youth and serve as a response to the crime committed
What are some options for out of court disposals for youths
