Youths - Court Procedure Flashcards
Where does a Youth’s first hearing usually take place?
In the Youth Court, unless and exception applies (eg jointly charged with an adult)
Is the YC a public court?
No - it is closed to the public but open to specific persons (eg parents, legal reps etc)
What type of trial occurs at YC?
A summary trial - even for indictable only offences, unless exceptions apply
When will a youth appear first before the adult Mags court?
- Jointly charged with an adult
- Aiding and abetting an adult
- Adult aiding/abetting a youth
- Connected offences with an adult
What happens at Youth’s first hearing?
- Plea is taken
- If guilty - sentence same day if possible or adjourn for a pre-sentence report
- If not guilty - case management directions set
Does youth have the right to elect Crown trial for either way offences?
No - no election rights for youths
In what situations must a youth be sent to the Crown for trial?
- Charged with homicide
- Certain firearms offences
- serious or complex fraud (notice served)
- Grave crimes needing >2 years sentence
- Specified offences triggering dangerousness provisions
- Joint charge with adult sent to Crown and IOJ test satisfied
What is a ‘grave’ crime?
Offence carrying 14+ years imprisonment for an adult, or
- Certain serious sexual offences or firearm related offences
When is plea before venue/ mode of trial procedure used for youths?
- When youth is charged with a grave crime
- When jointly charged with an adult
What happens if a youth pleads guilty to a grave crime?
Court considers if sentence >2 years is likely - if so, commit to Crown for sentence
What happens if a youth pleads not guilty to a grave crime?
Court considers if 2-year threshold is met - i yes, then sent to Crown for trial
When is the Interests of Justice (IOJ) test applied?
When a youth is jointly charged with an adult sent to the Crown
What factors guider the IOJ test?
- Injustice to witnesses if separate trials
- Youth’s age and maturity
- Age gap between youth and adult
- Youth’s culpability and criminal record
If adult pleads guilty and youth pleads not guilty, what happens?
Youth is remitted to YC for trial
If adult consents to summary trial, can youth be tried in adult court?
Yes - but only in limited circs (joint charge, aiding/abetting, or related offences)
What is the 2-stage grave crime test?
- Is the offence capable of grave crime status?
- Is there a real prospect of sentence exceeding 2yrs
When must a dangerous youth be sent to Crown?
If:
- charged with specified offence
- court considers extended determinate sentence (EDS) likely
What is needed for an EDS for a Youth?
- Significant risk of serious harm
- Offence warrants at least a 4 year determinate sentence
After a Youth’s trial at Crown, must the case be remitted for sentence?
Yes - unless it is undesirable to do so (eg. for expertise or continuity reasons
For the YC to have jurisdiction on a young person who will soon turn 18, the D must be 17 at which stage to enable YC to have jurisdiction to hear the case?
At the first hearing
