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Criminal Law and Practice > Youths I > Flashcards

Youths I Flashcards

1
Q

What people go through the youth justice system? What are its 2 aims?

A
  • Young people aged 10-17
  • 1) prevent children/young people from offending and 2) have regard to welfare of child/young person
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2
Q

Where will the majority of young people be tried and sentenced?

A

Youth court

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3
Q

Can a child under 10 be guilty of an offence?

A

No

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4
Q

What is the difference between juvenile, child and young person?

A
  • Juvenile = under age of 18
  • Child = under the age of 14
  • Young person = between 14-17
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5
Q

When is someone likely to be categorised as a ‘persistent young offender’ (PYO)?

A

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

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6
Q

Will a young person always appear before the youth court?

A

Usually - but circumstances where youth can appear before adult magistrates’ or Crown

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7
Q

Can youths be dealt with by the youth court for all offences including indictable-only?

A

Presumption is that youths will be dealt with by youth court for nearly all offences (even indictable-only)

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8
Q

What will the bench in a youth court consist of? What reporting restrictions will automatically apply?

A

Either:

  • District Judge sitting alone; or
  • Not more than 3 magistrates

Reporting restrictions automatically apply but can be lifted (but rare before conviction)

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9
Q

Who can be present in a youth court?

Unlike magistrates’/Crown, youth court is not a public court

A
  • 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
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10
Q

Where a youth appears before magistrates’/Crown as a D or witness, are the public still excluded?

A

No

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11
Q

When must the court require a parent/guardian to attend with youth at all stages of proceedings? When will this not be the case?

A

If accused is under 16 - unless court satisfied it would be unreasonable to require attendance

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12
Q

What is the situation for accused when they are 16/17 in terms of parents and guardians attending?

A

Court may require parent/guardian to attend

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13
Q

What is mean by parent and guardian?

A
  • 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.

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14
Q

What informalities are adopted in youth court?

A
  • 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
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15
Q

What will the juvenile be treated as at a police station under PACE? Who is required to attend?

Additional safeguards

A
  • Treated as a vulnerable suspect
  • Appropriate adult is required to attend (to look after welfare of suspect)
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16
Q

What is meant by a precautionary approach towards juveniles and when will this be adopted?

A
  • 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.

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17
Q

Who should be informed of the juvenile’s arrest? Do they have to be? What 3 things are they informed about if they are?

A
  • 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
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18
Q

As well as the person responsible for the juvenile’s welfare, who else must be informed and about what?

A

The appropriate adult (if a different person) - informed of grounds for and location of juvenile’s detention and asked to attend station

19
Q

What persons can act as an appropriate adult?

A
  • Parent/guardian/someone with parental responsibility
  • A social worker
  • Any other responsible adult who is not a police officer
20
Q

If the appropriate adult is not a parent, guardian, relative or care, what must they be?

A

Independent to police so they can safeguard person’s rights and entitlements

21
Q

For a vulnerable person, must the AA be someone trained in their care rather than relative lacking qualitifcations?

A

Generally satisfactory - but if relative is preferred to better qualified stranger this should be respected

22
Q

Who should not be an appropriate adult?

A
  • 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
23
Q

What is the position on a solicitor acting in that capacity at station or estranged parent being the appropriate adult?

A
  • Solicitor may not be appropriate adult
  • Estranged parent should not be asked to act as AA if juvenile specifically objects to it
24
Q

What are the Youth Offending Teams (YTO)?

A

Individuals available to act as AA if necessary / trained volunteers

25
Q

What should happen if juvenile admits offence to/in presence of social worker or member of YOT other than during time that person is acting as juvenile’s AA?

A

Another appropriate adult should be appointed in the interest of fairness

26
Q

What is the role of the appropriate adult and what is it not?

A

Not to be an observer - but to advise juvenile being questioned, facilitate communication, and observe whether interview being conducted fairly

I.e. presence is to help juvenile cope with demands of custody/questioning and to appreciate seriousness of situation (police will brief role but should always check)

27
Q

What can the appropriate adult do in terms of the solicitor and the custody record?

A

Can instruct solicitor on behalf of the juvenile and consult with custody record

28
Q

Must the detainee only ever see a solicitor with the AA present? Why?

A
  • Must be given opportunity to consult privately in AA’s absence
  • AA is not subject to legal privilege
29
Q

What duty of confidentiality is owed by an appropriate adult?

A

None! Solicitor should always alert this danger and is advisable to see juvenile (at least initially) in absence of AA

A confused, upset or angry parent may volunteer information to a police officer which would otherwise be confidential

30
Q

At what points should AAs be present?

A

When juvenile is being read rights, being strip searched, being interviewed, attending ID procedure, being charged

31
Q

Who can authorise a juvenile being interviewed/asked to sign anything in the absence of an appropriate adult and what are the conditions of this?

A

Must be authorised by superintendent (or above) - conditions:

  • If they believe delay will have certain consequences
  • If satisfied interview would not significantly harm juvenile’s physical or mental state
32
Q

What needs to happen if a juvenile is cautioned in absence of AA?

A

Caution must be repeated in the AA’s presence

33
Q

From whom is consent required for participation in an identification procedure?

A
  • Under 14 = consent of parent/guardian alone
  • 14 and over = consent of parent/guardian and juvenile’s
34
Q

What are the 5 options available to the police in dealing with an offence committed by a juvenile?

A
  1. No further action
  2. Community resolution
  3. Youth caution
  4. Youth conditional caution
  5. Charge
35
Q

Should a youth always be released on bail?

A

Yes - unless one of the exceptions exists (basically same as Bail Act plus one additional ground allowing youth to be detained in their ‘own interests’)

36
Q

If a youth is detained for court, what are the 2 circumstances in which they do not have to be placed in local authority accomodation?

A
  1. It is impracticable for custody officer to do so (i.e. physically impossible)
  2. For juvenile 12-17 yrs - no secure accomodation is available and other local accomodation would not be adequate to protect public from serious harm
37
Q

What should custody officers do everything practicable to ensure re accomodation?

A

Custody officers should do everything practicable to ensure that place of detention is local authority accomodation rather than police station

Obligation to transfer a juvenile to local authority accommodation applies as much to a juvenile charged during the daytime as to a juvenile to be held overnight.

38
Q

Are local authorities under a duty to provide secure accomodation whenever it is requested?

A

No!

39
Q

What happens when youth is arrested pursuant to alleged breach of bail or breach of remand conditions?

A

Youth can be detained in police custody

40
Q

What is the purpose of an out of court disposal?

A

To reduce risk of further offending and serve as proportionate response to crime committed

Range of options available depending on the seriousness of the offence and the circumstances of the offender

41
Q

What is a youth caution? What must police do when a youth receives one?

A
  • Youth caution = final step before prosecution (a formal out-of-court disposal)
  • Police must refer a youth who has received a youth caution to youth offending team
42
Q

What are the statutory conditions that must be satisfied for a youth caution to be used?

A
  1. Police satisfied there is sufficient evidence to charge youth with offence
  2. Youth admits offence to police
  3. The police do not consider that youth should be prosecuted/given a youth conditional caution for offence
43
Q

What do the police require to issue a youth caution for an indictable-only offence?

A

The authority of the CPS

44
Q

What is the maximum number of youth cautions that a youth can receive?

A

No maximum

Youth may receive a youth caution even if he or she has previous convictions, reprimands, warnings, youth cautions and youth conditional cautions.

Criminal Law and Practice (21 decks)

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