Youths - court procedure for youths alone Flashcards
What is the presumption regarding how youths will be dealt with?
They will be dealt with summarily.
Where is the first hearing for youths typically held?
Youth Court unless adult exceptions apply.
What must the court do if a youth pleads guilty?
Endeavour to pass sentence on the same day.
What must the court complete if a youth pleads not guilty?
Case management form.
In what instances will a youth’s trial be held in Crown Court?
If charged with:
* Homicide
* Firearms offences with minimum 3-year sentence
* Grave crimes under s.249 SA
* Specified offences
* Dangerous offender under s.306 SA.
What is a grave crime?
Any offence carrying 14 years or more imprisonment for an adult or select offences under Sexual Offences Act.
Is a plea before venue generally applicable in youth trials?
No, generally not.
Under what circumstances can a plea before venue occur in youth trials?
If:
* Charged with a grave crime
* Jointly charged with an adult for an either-way or indictable offence.
What rights does a youth have regarding trial election?
No right to elect Crown Court trial; can make representations for or against youth court trial.
How must multiple youth defendants be dealt with?
Separately
What must the court consider if a youth pleads not guilty to a grave crime?
If their maximum sentencing powers of two years would be sufficient. If not, can go to CC.
What does the court consider if a youth pleads guilty to a grave crime?
If sentencing powers are sufficient.
What can happen if a youth is charged with multiple offences, including grave crimes?
The court can consider the combined seriousness of all the offences.
What is the criteria for a youth to be considered a dangerous offender?
If:
* Convicted of a specified offence (s.306 SA)
* Court believes there is a significant risk of serious harm to the public
* Offence warrants a determinate sentence of at least four years.
How must a dangerous offender be treated?
Must go straight to CC for trial - no PBV.
What can the Youth Court do regarding a dangerous offender after retaining jurisdiction?
Remit to Crown Court later if new information fits dangerousness provisions.
Which should be conisdered first: dangerousness or graveness?
Dangerousness.
