Youths I Flashcards
What people go through the youth justice system? What are its 2 aims?
- Young people aged 10-17
- 1) prevent children/young people from offending and 2) have regard to welfare of child/young person
Where will the majority of young people be tried and sentenced?
Youth court
Can a child under 10 be guilty of an offence?
No
What is the difference between juvenile, child and young person?
- Juvenile = under age of 18
- Child = under the age of 14
- Young person = between 14-17
When is someone likely to be categorised as a ‘persistent young offender’ (PYO)?
If they have been convicted of/made subject to pre-court disposal that involves an admission/finding of guilt in relation to imprisonable offences on at least 3 occasions in past 12 months
Will a young person always appear before the youth court?
Usually - but circumstances where youth can appear before adult magistrates’ or Crown
Can youths be dealt with by the youth court for all offences including indictable-only?
Presumption is that youths will be dealt with by youth court for nearly all offences (even indictable-only)
What will the bench in a youth court consist of? What reporting restrictions will automatically apply?
Either:
- District Judge sitting alone; or
- Not more than 3 magistrates
Reporting restrictions automatically apply but can be lifted (but rare before conviction)
Who can be present in a youth court?
Unlike magistrates’/Crown, youth court is not a public court
- Members and officers of the court
- Parties (accused + parents/guardian)
- Legal representatives
- Witnesses and other persons directly concerned (e.g. probation officers)
- Bona fide reps of newspapers (but note reporting restrictions)
- Anyone else specially authorised to be present
Where a youth appears before magistrates’/Crown as a D or witness, are the public still excluded?
No
When must the court require a parent/guardian to attend with youth at all stages of proceedings? When will this not be the case?
If accused is under 16 - unless court satisfied it would be unreasonable to require attendance
What is the situation for accused when they are 16/17 in terms of parents and guardians attending?
Court may require parent/guardian to attend
What is mean by parent and guardian?
- Parent inc adoptive
- Guardian = anyone who has care of child/young person for time being
If the youth under the care of local authority = their representative must (or may) attend court instead of, or sometimes in addition to, the parent.
What informalities are adopted in youth court?
- Lawyers and witnesses remain seated
- Lawyers not robed
- Youth sits in chair not in the dock and parent/guardian sits next to them
- Magistrates talk directly to Ds and parents rather than communicating via solicitor
- Youth (witnesses) are addressed by first names
- Oath changed to ‘promise’ to tell truth rather than ‘swear’
- Language used is different
What will the juvenile be treated as at a police station under PACE? Who is required to attend?
Additional safeguards
- Treated as a vulnerable suspect
- Appropriate adult is required to attend (to look after welfare of suspect)
What is meant by a precautionary approach towards juveniles and when will this be adopted?
- Precautionary approach = CO/police treating detainee as a juvenile
- Adopted for anyone who appears to be under 18 in absence of clear evidence that they are older
Any dispute as to age will be for a court to determine if the suspect is charged with an offence.
Who should be informed of the juvenile’s arrest? Do they have to be? What 3 things are they informed about if they are?
- The person responsible for juvenile’s welfare must be informed ASAPracticable
- That they have been arrested, why they have been arrested and where they are being detained
As well as the person responsible for the juvenile’s welfare, who else must be informed and about what?
The appropriate adult (if a different person) - informed of grounds for and location of juvenile’s detention and asked to attend station
What persons can act as an appropriate adult?
- Parent/guardian/someone with parental responsibility
- A social worker
- Any other responsible adult who is not a police officer
If the appropriate adult is not a parent, guardian, relative or care, what must they be?
Independent to police so they can safeguard person’s rights and entitlements
For a vulnerable person, must the AA be someone trained in their care rather than relative lacking qualitifcations?
Generally satisfactory - but if relative is preferred to better qualified stranger this should be respected
Who should not be an appropriate adult?
- Suspect of the offence
- Victim of the offence
- Witness of the offence
- Someone involved in investigation
- Someone who has received admissions prior to act as AA
What is the position on a solicitor acting in that capacity at station or estranged parent being the appropriate adult?
- Solicitor may not be appropriate adult
- Estranged parent should not be asked to act as AA if juvenile specifically objects to it
What are the Youth Offending Teams (YTO)?
Individuals available to act as AA if necessary / trained volunteers
