Youths - Court Procedure Flashcards
How are most Youth cases tried?
Summarily, even if indictable
Can an adult ever appear before the Youth Court?
No, unless they become an adult mid-proceedings
What are the exceptions to a Youth first appearance in the Youth court?
1) Jointly charged with adult
2) Aiding and abetting with adult
3) Youth charged with offence arising from same circumstances as adult
When must a Youth enter plea?
At first hearing
What happens if Youth enters guilty plea?
May sentence immediately or adjourn for pre-sentence report
What happens if Youth enters non-guilty plea?
Case management directions and form completed
Where will trial be held in default, even if indictable-only offence?
In the Youth Court
When may a Youth be tried in adult magistrates’ court?
If jointly charged with an adult
When must a Youth be tried in the Crown Court?
1) Homicide offences
2) Firearms offences with mandatory minimum sentence
3) Grave crimes (2+ years detention likely)
4) Dangerous offenders
5) Joint charge with adult, where it is in the IoJ to try together
What is a grave crime?
1) Any offence punishable by 14+ years imprisonment
2) Specific sexual offences
What is the two-stage test for Youth Grave Crime?
1) Is it a grave crime?
2) Is a sentence of 2+ years’ detention likely?
What are dangerous offenders?
1) Specified offence
2) Significant risk of serious harm to public
3) Sentence of at least 4 years likely
What happens if Youth is a dangerous offender?
Direct to Crown Court trial
What happens if a youth is found guilty in an alternative court?
Remitted to Youth Court for sentencing unless undesirable
Is remittal required for homicide for sentencing?
No
