Youths - detention

Question 1

How is a child defined in criminal law?

Answer 1

14 or under

Question 2

What is the youngest that a child could be guilty of an offence?

Answer 2

10 years old

Question 3

At what age is an individual considered a juvenile?

Answer 3

Under 18

Question 4

What is the age threshold for an adult in legal terms?

Answer 4

18 or over although in sentencing contexts, this can sometimes mean 21 or over.

Question 5

Define ‘Young Person’ in the legal context.

Answer 5

14 to 17 inclusive

Question 6

What is a Persistent Young Offender?

Answer 6

No statutory definition. However, a guideline indicates conviction or guilty plea on 3 occasions in past 12 months.

Question 7

True or False: A child under the age of 10 years can be guilty of an offence.

Answer 7

False

It is conclusively presumed that no child under this age can be guilty.

Question 8

What are alternatives to prosecution?

Answer 8

Out of court disposal without need to prosecute to reduce further offending. Includes:
- Community Resolution
- Youth Caution (final step before prosecution)
- Youth Conditional Caution.

Question 9

What is the presumption regarding youths and court jurisdiction?

Answer 9

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.

Question 10

What happens if a youth turns 18 before their first court appearance?

Answer 10

If they were 17 when arrested and charged, but 18 before first court appearance, the youth court loses jurisdiction.

Question 11

How are disputes about age handled in youth court?

Answer 11

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.

Question 12

What is the composition of a Youth Court?

Answer 12

A Youth Court consists of a DJ sitting alone or not more than 3 magistrates, both requiring specialist training.

Question 13

What are the reporting restrictions in youth court?

Answer 13

Reporting restrictions apply automatically and can be lifted, but this is rare before conviction.

Question 14

Who can be present in youth court?

Answer 14

Restricted people include members and officials of the court, parties to the case, legal representatives, witnesses, bona fide newspaper representatives, and others specially authorised.

Question 15

What is required if the accused is under 16 in youth court?

Answer 15

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.

Question 16

Who qualifies as a guardian in youth court?

Answer 16

A guardian is anyone who has for the time being the care of the child, including a local authority representative.

Question 17

What informalities exist in youth court proceedings?

Answer 17

• 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.

Question 18

What modifications can be made to adult courts if there is a youth present?

Answer 18

• Removal of wigs and gowns
• Regular breaks
• No complicated language
• Using a live link to give evidence
• Proactive measures to ensure child support.

Question 19

What are the protective measures for juveniles during arrest?

Answer 19

Anyone who appears to be under 18 shall be treated as a juvenile in the absence of clear evidence that they are older.

Question 20

What is the role of an Appropriate Adult (AA)?

Answer 20

The AA attends the police station to look after the welfare of the juvenile.

Question 21

Who must be informed about the juvenile’s arrest?

Answer 21

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.

Question 22

Who can be an Appropriate Adult?

Answer 22

An AA can be a parent, guardian, social worker, any other responsible adult, or a member of the Young Offending Team.

Question 23

Who cannot be an Appropriate Adult?

Answer 23

An AA cannot be a:
- police officer
- suspect
- victim
- witness
- someone involved in investigations
- a solicitor
- an estranged parent
- someone who has received admissions.

Question 24

What are the responsibilities of an Appropriate Adult?

Answer 24

• 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.

Question 25

Is the Appropriate Adult subject to legal privilege?

Answer 25

No, the AA is not subject to legal privilege; the detainee can consult with a solicitor without the AA.

Question 26

What is the confidentiality status of the Appropriate Adult?

Answer 26

No duty of confidentiality is owed by the AA; the solicitor should be advised of any danger.

Question 27

When should an Appropriate Adult be present?

Answer 27

* The AA should be present when the juvenile: * is being read rights * strip searched * interviewed * attending an ID procedure * being charged.

Question 28

Under what conditions can a juvenile be interviewed without an Appropriate Adult?

Answer 28

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

Question 29

What should happen if a caution is initially given without the AA?

Answer 29

The caution should be repeated in the presence of the Appropriate Adult.

Question 30

What consents are required for an ID procedure?

Answer 30

Parental consent and juvenile consent are required for an ID procedure; if the juvenile is under 14, parental consent is sufficient.

Question 31

What happens after a decision to charge at the police station?

Answer 31

Similar to adults, youth should be released on bail unless an exception exists.

Question 32

Where should a youth be placed?

Answer 32

In a local authority accommodation

Question 33

What are the exceptions for detaining youth in a local authority accommodation?

Answer 33

- 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

Question 34

What is a youth caution?

Answer 34

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.

Question 35

Can a youth caution be given for indictable only offences?

Answer 35

Not without the authority of the CPS.

Question 36

Is there a restriction on the number of youth cautions receivable?

Answer 36

No, there is no restriction on the number of cautions receivable.