Youths Flashcards
1
Q
What are the two main goals of the youth justice system?
A
“1. To stop children and young people from committing crimes. 2. To think about the well-being of the child or young person.”
2
Q
Who usually deals with young people (ages 10-17) who commit crimes?
A
“The youth court.”
3
Q
What age is it decided that a child cannot be guilty of a crime?
A
“Under 10 years old.”
4
Q
What term is used for someone under 18 in the criminal justice system?
A
“Juvenile.”
5
Q
What term is used for someone 18 or older in the criminal justice system?
A
“Adult.”
6
Q
What age does ‘adult’ sometimes mean when talking about prison?
A
“21 or older
7
Q
What is a ‘child’ legally defined as?
A
“Someone under 14 years old.”
8
Q
What is a ‘young person’ legally defined as?
A
“Someone aged between 14 and 17 (including 17).”
9
Q
What is a ‘persistent young offender’ (PYO)?
A
“A young person who has been found guilty of a crime that could lead to prison at least 3 times in the last year.”
10
Q
Where are most young people tried and sentenced?
A
“In the youth court.”
11
Q
Is the youth court exactly the same as an adult magistrates’ court?
A
“No
12
Q
What kind of offences does the youth court usually deal with?
A
“Almost all offences committed by young people
13
Q
Who usually sits in the youth court?
A
“Either a specially trained District Judge by themselves
14
Q
Are the names of young people who appear in youth court usually made public?
A
“No
15
Q
Is the youth court open to the public like adult courts?
A
“No
16
Q
Who is usually required to attend youth court with a young person under 16?
A
“A parent or guardian
17
Q
Who might attend youth court with a 16 or 17 year old?
A
“A parent or guardian
18
Q
What does ‘guardian’ mean in this context?
A
“Anyone who is currently looking after the child or young person.”
19
Q
If a young person is being looked after by the local council, who might go to court with them?
A
“Someone from the local council might go instead of or as well as a parent.”
20
Q
Are youth court proceedings usually more or less formal than adult court?
A
“Less formal.”
21
Q
Give some examples of how youth court is less formal.
A
“Lawyers and witnesses often stay seated
22
Q
How are young people and young witnesses usually addressed in youth court?
A
“By their first names.”
23
Q
How might a young person take an oath in youth court?
A
“They will ‘promise’ to tell the truth instead of ‘swearing’ like in adult court.”
24
Q
Are the words used in youth court sometimes different from adult court?
A
“Yes
25
What are some things that might be done to make adult courts easier for children?
"Having a visit to the court beforehand
26
In summary, where are most young people tried?
"In the youth court."
27
Are youth court hearings usually more or less formal than adult court?
"Less formal."
28
Who is usually present in youth court with the young person?
"Parents or guardians."
29
Are the identities of young people in youth court usually protected?
"Yes
30
What's the age range for someone called a 'juvenile' in the legal system?
"Under 18 years old."
31
What's the special helper called who looks after a young person at the police station?
"An Appropriate Adult (AA)."
32
What should the police do if they're not sure if someone is 18 or older?
"They should treat them as a juvenile (under 18) just to be safe."
33
Who should the police tell when they arrest a young person?
"The person who looks after them (like a parent or guardian) and the Appropriate Adult."
34
What are some examples of who can be an Appropriate Adult?
"A parent
35
Who should NOT be an Appropriate Adult?
"Someone who might be involved in the crime
36
Can a solicitor who is already helping the young person also be their Appropriate Adult?
"No."
37
What is the main job of the Appropriate Adult?
"To help the young person understand what's happening
38
Can the Appropriate Adult get a lawyer for the young person?
"Yes."
39
Can the Appropriate Adult talk to the young person privately?
"Yes
40
Should an Appropriate Adult be there when a young person is told their rights, searched, questioned, or charged?
"Yes."
41
Can the police question a young person without an Appropriate Adult?
"Only if a senior police officer says it's okay because waiting would cause problems
42
If a young person is told off (cautioned) without an Appropriate Adult, what needs to happen?
"They need to be told off again when the Appropriate Adult is there."
43
What options do the police have after talking to a young person who might have committed a crime?
"They could do nothing
44
What happens if the police decide to charge a young person?
"Just like adults
45
What's one extra reason why a young person might be kept in detention after being charged?
"If it's for their own safety and well-being."
46
Where should a young person usually be kept if they have to stay in detention after being charged?
"In a place run by the local council
47
What's a 'youth caution'?
"It's like a formal warning the police can give a young person instead of taking them to court."
48
For a youth caution to be given, what needs to happen?
"The police need to have enough proof
49
Can a young person get more than one youth caution?
"Yes
50
In summary, what's important to remember about young people at the police station?
"They need an Appropriate Adult to help them
51
Where does a young person's first court hearing usually take place?
"In the Youth Court."
52
In what main situation would a young person's first hearing be in an adult Magistrates' Court?
"If they are charged with a crime together with an adult."
53
Besides being charged together, what are some other reasons a young person might have their first hearing in an adult Magistrates' Court?
"If they helped an adult commit a crime
54
Can an adult ever have their first hearing in the Youth Court?
"No
55
If a young person and an adult are charged together, where will their first court appearance be?
"In the adult Magistrates' Court."
56
What are some things that will decide what happens to the young person when they are charged with an adult?
"Whether the young person and the adult say they are guilty or not guilty
57
In what situations will a young person ALWAYS be sent to the Crown Court?
"If they are charged with very serious crimes like homicide
58
If an adult's case is going to the Crown Court for trial, what will the Magistrates' Court think about for the young person's case?
"If it's in the 'interests of justice' for the young person and the adult to have their trials together."
59
What does 'interests of justice' focus on when deciding if a young person should be tried with an adult?
"Making sure the trial is fair
60
If the court decides it's NOT in the 'interests of justice' for the young person to be tried with the adult in Crown Court, where will the young person's trial take place?
"In the Youth Court."
61
If the court decides the young person SHOULD be tried with the adult, where will their case go?
"To the Crown Court for a hearing called a Plea and Trial Preparation Hearing (PTPH)."
62
Once a young person's case is in the Crown Court for trial with an adult, can it usually be sent back to the Youth Court for trial?
"No
63
If a young person and an adult are tried together in the Crown Court and the young person is found guilty, where will they usually be sent for sentencing?
"Back to the Youth Court
64
What is the main exception to sending a young person back to Youth Court for sentencing after a Crown Court trial?
"If the crime was homicide (murder or manslaughter)."
65
When deciding if it's 'undesirable' to send a young person back to Youth Court for sentencing, what will the court think about?
"Balancing the Youth Court's expertise in sentencing young people with the fact that the Crown Court judge who heard the trial will be sentencing the adult."
66
In summary, when are young people's first hearings usually in adult court?
"When they are charged with an adult."
67
In summary, when might a young person be tried in adult court (Magistrates' or Crown Court)?
"If they are charged with very serious crimes
68
Where does a young person usually have their first court hearing?
"In the Youth Court."
69
Can the Youth Court deal with all types of crimes?
"Yes
70
Does a young person get to choose if their case goes to the Crown Court like an adult with an 'either-way' offence?
"No
71
What happens if a young person says they are guilty at their first hearing?
"The court will try to sentence them that day
72
What happens if a young person says they are not guilty?
"The court will plan how the case will go forward
73
In what very serious cases will a young person's trial ALWAYS be in the Crown Court?
"If they are charged with homicide (like murder) or certain gun crimes with a set minimum sentence."
74
What are 'grave crimes' for young people?
"These are serious crimes where
75
If a young person is charged with a 'grave crime' and says they are not guilty, what will the Youth Court consider?
"If they think there's a real chance the young person would get more than 2 years of detention if they are found guilty. If so
76
If a young person is charged with a 'grave crime' and says they are guilty, what might happen?
"The case could be sent to the Crown Court for sentencing if the Youth Court thinks they might need to give a sentence longer than they can."
77
When would a young person be tried in an adult Magistrates' Court?
"Only if they are charged with a crime together with an adult."
78
What's the main idea behind trying young people in the Youth Court whenever possible?
"It's seen as the best place to deal with young people
79
What's the 'two-year test' in Youth Court?
"It's when the court looks at a 'grave crime' and decides if they might need to give a sentence longer than their usual maximum of two years of detention."
80
What happens if the Youth Court thinks they might need to give a sentence longer than two years?
"The case will be sent to the Crown Court."
81
Can the Youth Court consider a young person's past crimes when deciding if a longer sentence might be needed?
"Yes."
82
What if the Youth Court isn't sure if a longer sentence might be needed right away?
"They might keep the case in the Youth Court for now and can send it to the Crown Court for sentencing later if they find out more that makes them think their sentencing powers aren't enough."
83
What's a 'dangerous young offender'?
"A young person who has committed a serious violent or sexual crime and the court thinks they are a big risk to seriously harm the public again
84
Should the 'dangerous young offender' rules be used often to send young people to Crown Court?
"No
85
If a young person is found guilty in the Crown Court (except for homicide), where will they usually be sent for sentencing?
"Back to the Youth Court
86
What's a key difference between the Youth Court and adult Magistrates' Court in terms of sentencing?
"The Youth Court can sentence a wider range of crimes and has a maximum power of 24 months detention
87
In summary, where does a young person usually have their first hearing?
"In the Youth Court."
88
In summary, where is a young person usually tried?
"In the Youth Court
89
In summary, where are young people usually sentenced?
"In the Youth Court
90
Where does a young person usually have their first court hearing?
"In the Youth Court."
91
Is the Youth Court basically the same as an adult Magistrates' Court?
"Yes
92
What kind of trials happen in the Youth Court?
"They are usually 'summary trials'
93
Can the Youth Court try very serious crimes?
"Yes
94
In what main situation would a young person have their first hearing in an adult Magistrates' Court?
"If they are charged with a crime at the same time as an adult."
95
If a young person and an adult are charged together, where will their first court appearance be?
"In the adult Magistrates' Court."
96
What happens when a young person has their first hearing in Youth Court?
"The court will ask them to say if they are guilty or not guilty."
97
If a young person says they are guilty, what will the court usually try to do?
"Give them their sentence that day
98
If a young person says they are not guilty, what will happen next?
"The court will plan how the case will go forward
99
Where will a young person usually be tried?
"In the Youth Court
100
In what very serious cases will a young person's trial be in the Crown Court?
"If they are charged with homicide (like murder) or certain gun crimes."
101
When else might a young person's trial be in the Crown Court?
"If the crime is very serious ('grave crime') and the Youth Court thinks they might need to give a punishment that's longer than they can usually give
102
When will a young person be tried in an adult Magistrates' Court?
"Only if they are charged with a crime together with an adult."
103
Does a young person get to choose to have their trial in the Crown Court if they are charged with a crime that could go either to the Magistrates' or Crown Court (like an adult does)?
"No."
104
What are 'grave crimes' for young people?
"These are serious crimes where
105
What happens if a young person is charged with a 'grave crime' and says they are not guilty?
"The Youth Court will decide if the case should go to the Crown Court for trial because the punishment might need to be longer than the Youth Court can give."
106
What happens if a young person is charged with a 'grave crime' and says they are guilty?
"The Youth Court will think about whether they have the power to give a long enough punishment. If not
107
If a young person is charged with an adult, and the adult's case goes to the Crown Court, what will the court think about for the young person's case?
"Whether it's best for everyone ('in the interests of justice') for the young person to be tried in the Crown Court with the adult."
108
If an adult is going to be tried in the Magistrates' Court, and a young person is charged with them, where will the young person usually be tried?
"Usually in the adult Magistrates' Court too
109
If an adult pleads guilty, and a young person charged with them says they are not guilty, where will the young person's trial usually be?
"In the Youth Court."
110
If a young person pleads guilty in an adult Magistrates' Court, where will they usually be sent for sentencing?
"To the Youth Court
111
In summary, where do most young people have their first court hearing?
"In the Youth Court."
112
In summary, where are most young people tried?
"In the Youth Court."
113
In summary, where are most young people sentenced?
"In the Youth Court."
114
In summary, when might a young person go to an adult court (Magistrates' or Crown Court)?
"If they are charged with an adult
115
What are the two main things a court must think about when sentencing a young person?
"1. Stopping them from committing more crimes. 2. What's best for their well-being."
116
What important rules about sentencing apply to all courts when dealing with young people?
"The rules in the Sentencing Act 2020 and special guidelines just for sentencing children and young people."
117
Which court is really good at understanding how to sentence young people?
"The Youth Court."
118
What are the main things a court will consider when deciding the sentence for a young person?
"Why the youth justice system exists (to stop re-offending)
119
What's a 'Parenting Order'?
"It's an order the court can make for the parents of a young person under 16 who has been in court
120
When can a court make a 'Parenting Order'?
"If the young person is under 16
121
What happens if a parent doesn't follow a 'Parenting Order'?
"They can be fined."
122
Does a young person's age matter when they are being sentenced?
"Yes
123
What age is important for deciding the sentence?
"The young person's age on the day they are found guilty."
124
What is a 'persistent offender'?
"It's a young person who has been found guilty of crimes that could lead to prison several times in a short period."
125
Does a young person need to have been in trouble before to be called a 'persistent offender'?
"Not always. If they commit a bunch of similar crimes close together
126
Can the Youth Court ever send a young person to the Crown Court for sentencing?
"Yes
127
What are some reasons why a Youth Court might send a young person to the Crown Court for sentencing?
"If they committed a 'grave crime' and need a sentence longer than 2 years
128
If a young person is sent to the Crown Court for sentencing, what can the Crown Court do?
"They can give the young person any sentence they could have given if the young person had been found guilty of that crime in the Crown Court."
129
In short, what are the main things a court considers when sentencing young people?
"Stopping future crimes and what's best for the young person
130
What's important to remember about the age of a young person when being sentenced?
"It's their age on the day they were found guilty that matters."
131
Can the Youth Court send young people to the Crown Court for sentencing?
"Yes
132
What are some types of sentences that are only for young people?
"Detention and training orders
133
Do all courts have the same sentencing options for young people?
"No
134
Are youth sentences designed to be flexible?
"Yes
135
Besides custody, what are some main types of sentences for young people?
"Youth rehabilitation orders
136
What's a Youth Rehabilitation Order (YRO)?
"It's like a community order for young people
137
What are some examples of things a young person might have to do in a YRO?
"Activities
138
Are there any rules about who can get certain requirements in a YRO?
"Yes
139
What's a Referral Order?
"It's an order to attend meetings with a group from the Youth Justice Service and follow a plan to change their behavior."
140
How long can a Referral Order last?
"Between 3 and 12 months
141
When does a Referral Order disappear from a young person's record?
"When it's finished
142
When MUST a court give a Referral Order?
"If it's the young person's first time being found guilty
143
When CAN a court give a Referral Order?
"If it's not their first time being found guilty
144
When CAN'T a court give a Referral Order?
"If the sentence is fixed by law
145
What happens if a young person breaks the rules of a Referral Order?
"They might have to go back to court
146
What can a court do if a young person breaks the rules of a YRO?
"They could do nothing
147
What's a Detention and Training Order (DTO)?
"It's the only type of prison sentence a Youth Court can give."
148
When can a court give a DTO?
"Only if the offence is serious enough that neither a fine nor a community sentence is good enough."
149
Are there any age limits for DTOs?
"Yes. The Youth Court can't give one to someone 10 or 11
150
What's the shortest and longest a DTO can be?
"The shortest is 4 months
151
Where does a young person spend their time in a DTO?
"The first half is in a secure place
152
What are Intensive Supervision and Surveillance, and Fostering requirements?
"They are stricter community sentences that can be used instead of custody
153
Is there an age limit for Intensive Supervision and Surveillance, and Fostering requirements?
"Yes
154
What does the guideline say about how long a DTO should be?
"It should be the shortest time that fits how serious the offence was. If it needs to be less than 4 months
155
What's Long-Term Detention under section 250 of the Sentencing Act?
"It's a long prison sentence that the Crown Court can give for very serious crimes if neither a community order nor a DTO is suitable."
156
What happens if a young person is found to be a 'dangerous offender'?
"They can be sentenced to extended detention or detention for life."
157
What's the sentence for a young person found guilty of murder?
"Detention at His Majesty's Pleasure
158
What's the usual prison sentence for people aged 18-21?
"Detention in a Young Offender Institution
159
Which sentences can the Youth Court give?
"Absolute/Conditional discharge
160
Which sentences can the Adult Magistrates' Court give?
"Absolute/Conditional discharge
161
Which sentences can the Crown Court give?
"Absolute/Conditional discharge
162
In summary, what are the main types of sentences for young people?
"Custody
163
What age range does the term 'children and young persons' cover in the criminal justice system?
"10 to 17 years old."
164
How are the principles for dealing with young people different from those for adults in the criminal justice system?
"Young people have specific protections
165
Which court handles most cases involving young people?
"The youth court."
166
What kind of court is the youth court?
"A special court with summary jurisdiction (like a Magistrates' Court)
167
Are there any exceptions to young people being dealt with in the youth court?
"Yes."
168
In what cases MUST a young person be dealt with by the Crown Court?
"If they are charged with homicide (murder or manslaughter)
169
How is this different from the rules for adult offenders?
"Adults are only required to go to the Crown Court for 'indictable only' offences (the most serious crimes)."
170
What are the two other important exceptions to youth cases being heard in the youth court?
"Grave crimes and cases where the young person is jointly charged with an adult."
171
What happens when a young person is charged with a 'grave crime'?
"The court can send them to the Crown Court for trial or sentencing."
172
What two things must be true for an offence to be considered a 'grave crime' for a young person?
"1. The offence would be punishable with 14 years or more imprisonment for an adult. 2. The court believes a sentence of more than two years might be necessary."
173
What kind of offences are considered 'grave crimes'?
"Offences that would get an adult 14+ years in prison
174
What decision does the youth court have to make when a young person appears for a 'grave crime'?
"Whether there is a realistic possibility that the sentence will be more than two years."
175
Is this the same process as an adult court uses for 'either way' offences?
"No
176
What does the Sentencing Council say about sending 'grave crime' cases to the Crown Court?
"It should only happen in really serious cases where a long prison sentence (substantially more than two years) might be needed
177
What should the youth court do if it's not clear at the beginning whether a sentence of more than two years will be needed?
"Keep the case in the youth court and send it to the Crown Court for sentencing later if necessary."
178
Is the Magistrates' Court mentioned in the flow chart of options for grave crimes?
"No."
179
What happens when a young person is jointly charged with an adult?
"Their first appearance will be in the adult Magistrates' Court."
180
Why is the young person's first appearance in the adult Magistrates' Court?
"Because all adult offenders must start their cases there
181
What's an example of a situation where a young person might be jointly charged with an adult?
"A 17-year-old charged with an 18-year-old
182
In a joint charge case, when is the 'interests of justice' test used?
"Only if there is going to be a joint trial (i.e.
183
What factors will the court consider when deciding if a joint trial is in the 'interests of justice'?
"The age of the young person
184
What is the main concern of the court at this point?
"How the trial will be conducted."
185
What happens if the court decides a joint trial is not necessary?
"The young person will be sent back to the youth court."
186
Even if there is a joint trial in the Crown Court, what can the Crown Court do after the trial?
"Send the young person back to the youth court for sentencing."
187
When might the Crown Court send a young person back to the youth court for sentencing?
"For example
188
Do the sentencing rules for adults also apply to young people?
"Many of them do. For example
189
What is a 'referral order'?
"A special type of sentence only for young people. In some cases
190
What other penalties can be imposed on parents?
"Parenting orders or parental bind overs."
191
What are some important factors in sentencing, for both adults and young people?
"Aggravating and mitigating factors
192
Are there any age-based restrictions on sentences for young people?
"Yes
193
Where can I find more information about sentencing young people?
"The Sentencing Council website
