Youths - detention Flashcards
How is a child defined in criminal law?
14 or under
What is the youngest that a child could be guilty of an offence?
10 years old
At what age is an individual considered a juvenile?
Under 18
What is the age threshold for an adult in legal terms?
18 or over although in sentencing contexts, this can sometimes mean 21 or over.
Define ‘Young Person’ in the legal context.
14 to 17 inclusive
What is a Persistent Young Offender?
No statutory definition. However, a guideline indicates conviction or guilty plea on 3 occasions in past 12 months.
True or False: A child under the age of 10 years can be guilty of an offence.
False
It is conclusively presumed that no child under this age can be guilty.
What are alternatives to prosecution?
Out of court disposal without need to prosecute to reduce further offending. Includes:
- Community Resolution
- Youth Caution (final step before prosecution)
- Youth Conditional Caution.
What is the presumption regarding youths and court jurisdiction?
Youths will be dealt with by youth court for nearly all offences, even those classed as indictable only for adults. Key date is age at their first hearing before court.
What happens if a youth turns 18 before their first court appearance?
If they were 17 when arrested and charged, but 18 before first court appearance, the youth court loses jurisdiction.
How are disputes about age handled in youth court?
Disputes about age will be dealt with by the court, which can accept what the offender or parent says on the matter.
If discovered court was misled, orders or judgments will not be invalidated.
What is the composition of a Youth Court?
A Youth Court consists of a DJ sitting alone or not more than 3 magistrates, both requiring specialist training.
What are the reporting restrictions in youth court?
Reporting restrictions apply automatically and can be lifted, but this is rare before conviction.
Who can be present in youth court?
Restricted people include members and officials of the court, parties to the case, legal representatives, witnesses, bona fide newspaper representatives, and others specially authorised.
What is required if the accused is under 16 in youth court?
The court must require a parent or guardian to attend proceedings. If the accused is 16 or 17, the court may require attendance unless unreasonable given the circumstances.
Who qualifies as a guardian in youth court?
A guardian is anyone who has for the time being the care of the child, including a local authority representative.
What informalities exist in youth court proceedings?
- Lawyers and witnesses are seated, not robed.
- Lawyers and parents may sit next to the defendant, who is not in a dock.
- Magistrates prefer to talk directly with defendants and parents.
- Youth and youth witnesses are addressed by their first names
- Youths promise to tell the truth rather than swear.
What modifications can be made to adult courts if there is a youth present?
- Removal of wigs and gowns
- Regular breaks
- No complicated language
- Using a live link to give evidence
- Proactive measures to ensure child support.
What are the protective measures for juveniles during arrest?
Anyone who appears to be under 18 shall be treated as a juvenile in the absence of clear evidence that they are older.
What is the role of an Appropriate Adult (AA)?
The AA attends the police station to look after the welfare of the juvenile.
Who must be informed about the juvenile’s arrest?
The person responsible for the juvenile’s welfare must be informed as soon as practicable about the arrest, why, and where the juvenile has been detained.
This doesn’t need to be the same person as the AA.
Who can be an Appropriate Adult?
An AA can be a parent, guardian, social worker, any other responsible adult, or a member of the Young Offending Team.
Who cannot be an Appropriate Adult?
An AA cannot be a:
- police officer
- suspect
- victim
- witness
- someone involved in investigations
- a solicitor
- an estranged parent
- someone who has received admissions.
What are the responsibilities of an Appropriate Adult?
- The AA advises the juvenile during questioning
- observes the interview process
- facilitates communication
- helps with custody demands
- can instruct a solicitor
- has the right to consult with the juvenile in private.
Is the Appropriate Adult subject to legal privilege?
No, the AA is not subject to legal privilege; the detainee can consult with a solicitor without the AA.
What is the confidentiality status of the Appropriate Adult?
No duty of confidentiality is owed by the AA; the solicitor should be advised of any danger.
When should an Appropriate Adult be present?
- The AA should be present when the juvenile:
- is being read rights
- strip searched
- interviewed
- attending an ID procedure
- being charged.
Under what conditions can a juvenile be interviewed without an Appropriate Adult?
A juvenile must not be interviewed or asked to sign anything in the absence of an AA unless:
- authorized by a superintendent or above
- if they believe delay will have certain consequences
- and they are satisfied that the interview would not significantly harm the juvenile’s physical or mental state
What should happen if a caution is initially given without the AA?
The caution should be repeated in the presence of the Appropriate Adult.
What consents are required for an ID procedure?
Parental consent and juvenile consent are required for an ID procedure; if the juvenile is under 14, parental consent is sufficient.
What happens after a decision to charge at the police station?
Similar to adults, youth should be released on bail unless an exception exists.
Where should a youth be placed?
In a local authority accommodation
What are the exceptions for detaining youth in a local authority accommodation?
- impracticable for custody office
- no secure accomm available and other accomm would not be adequate to protect the public from serious harm (12-17 yr olds only)
- if a youth is arrested in breach of bail - the GR does not apply
NB: juvenile’s behaviour and offence is NOT enough to justify impracticability/unsafety
What is a youth caution?
A youth caution is given when police are satisfied there is enough evidence to charge, the youth admits the offence, and police do not consider prosecution or conditional caution necessary.
Can a youth caution be given for indictable only offences?
Not without the authority of the CPS.
Is there a restriction on the number of youth cautions receivable?
No, there is no restriction on the number of cautions receivable.
