Youths - Arrest and Detention Flashcards
What is a juvenile in criminal proceedings?
A person under 18
How is a ‘child’ defined?
Under 14yrs old
How is a ‘young person’ defined?
Aged 14-17 inclusive
What is a persistent young offender (PYO)?
A youth convicted of 3 imprisonable offences in the last 12 months
What must happen when a juvenile is arrested?
- Inform the responsible adult of arrest and whereabouts
- Contact and ask Appropriate Adult (AA) to attend
What is the necessity test if age is uncertain
In the absence of clear evidence to the contrary, treat as juvenile
What governs bail decisions post-charge for youths?
S.38 PACE - Youth should be bailed unless exception applies.
What additional ground for detention exists for youths?
- Detention in their own interests
Where should youths be detained if denied bail?
A local authority accommodation, unless;
- Impracticable; or
- Secure accommodation unavailable and public protection requires it.
What case confirmed no duty to provide secure accommodation always?
R v Gateshead
Does the nature of offence justify police custody for youths?
No - offence seriousness does not justify keeping youths in police custody
What out-of-court disposals are available for youths?
- No further action
- Community resolution
- Youth Caution
- Youth Conditional Caution
What is required for a Youth Caution to be issued?
- Sufficient evidence to charge
- Admission of the offence
- Prosecution not considered necessary
Can Youths receive multiple Youth Cautions?
Yes - there is no statutory limit
When must the police refer a youth to the Youth Justice Service
