Youths - court procedure for youth charged with adult Flashcards
When will a youth have their first hearing in an Adult’s MC?
When:
* Youth is jointly charged with adult
* Youth is charged with aiding and abetting an adult to commit an offence
* Adult is charged with aiding and abetting a youth to commit an offence
* Youth charged with offence connected with or arising out of same circumstances as adult
Can an adult appear in the YC?
Never except where a youth becomes an adult after the first hearing
What happens when youth and adult are jointly charged?
The first hearing takes place in MC.
What specific offences will always result in a youth being sent to Crown Court?
The following offences:
* Homicide
* Firearms with mandatory 3 year sentence
* Served with notice in a serious fraud case
* Charged with a specific offence and meets dangerous criteria
What must the MC consider if an adult is sent to CC and the youth indicates a Not Guilty plea?
Whether it is in the interests of justice for the youth and adult to be tried jointly.
What criteria does the MC use to determine the interests of justice?
Criteria include:
* Whether separate trials will cause injustice to witnesses or to the case as a whole
* Age of youth
* Age gap between youth and adult
* Lack of maturity
* Relative culpability of youth compared with adult
* Lack of previous findings of guilt
What happens if the court decides the youth should be tried with the adult in the CC?
The MC sends both to CC for a PTPH and has no power to remit a youth to MC, even if the adult pleads guilty.
After trial and conviction, where must the Crown Court remit the case for sentencing?
To the Youth Court, unless it is undesirable to do so.
An exception to this rule is in homicide cases.
What happens if an adult is tried summarily in the MC and the youth indicates a not guilty plea?
The youth could be tried in the MC:
- youth and adult jointly charged with any offence - MC must try them both
- youth charged with aiding and abetting - MC may try them both
- Youth and adult charged with offences arising out of the same circumstnaces - MC may try youth
What happens if the court does not try the youth and adult together in cases in the MC?
The court will remit the youth to the Youth Court (YC).
What occurs if an adult pleads guilty but the youth indicates not guilty?
The MC may try the youth without the adult but are more likely to remit the youth to the YC for sentencing.
What are the restrictions if a youth indicates a guilty or not guilty plea?
The MC are restricted in sentencing youths - will probably remit to YC for sentencing
What happens if none of the MC’s available sentences are appropriate for a youth?
The court will likely remit the youth to the Youth Court to be sentenced.
How to deal with youth charged jointly with adult for either way offence (diagram)
How to deal with youth charged jointly with adult for indictable only offence (diagram)
