Youths II Flashcards
What is the presumption for court procedures in the context of youths? Is this the same for all offences?
That youths will be dealt with summarily (a form of summary trial; essentially a magistrates’) even for indictable offences (ideally by youth court)
But there are circumstances where youth can appear before adult magistrates’ court or Crown Court
Where will most youths have their first hearing?
Before the youth court
In what 3 circumstances will youths have their first hearing before the adult’s magistrates’ court?
- Youth jointly charged with adult
- Youth/adult is charged with aiding and abetting an adult/youth to commit offence
- Youth charged with offence that arises out of same circumstances/is connected with offence adult charged with
Will an adult ever appear before a youth court?
Only where a youth becomes an adult during course of proceedings - otherwise there are no other circumstances
What are the consequences of a youth’s guilty and not guilty plea?
- Guilty = court should endeavour to pass sentence on same day
- Not guilty = parties asked to complete case management form and directions made for future management of case (as in adult magistrates’)
Where a youth pleads guilty, why would a sentence not be passed on the same day?
Where court needs to adjourn for preparation of a pre-sentencing report
Does the youth have the right of election to Crown when charged with either-way offence?
No
What is the only time a youth will be tried in the adult magistrates’?
Where they are jointly charged with an adult
Otherwise will be youth or Crown
In what 5 situations must a youth be tried in the Crown court rather than a youth court?
I.e. youth will always be sent to Crown
Where youth charged with:
- Homicide
- Certain firearms offences where youth would be subject to a mandatory minimum sentence if convicted
- A grave crime and youth court has determined that sentence beyond its powers should be available if convicted
- Youth charged with a specified offence and appears to court that if youth is guilty the criteria for imposing an extended sentence will be necessary (dangerous offender)
- An adult jointly who has been sent to Crown Court and in interests of justice to also send youth to Crown for trial
Does the seriousness of the offence have a bearing on where youths are tried?
No - most youths tried in youth court regardless of seriousness of offence
Bar exceptions of homicide/certain firearm offences (previous card)
In what circumstances will there be plea before venue/mode of trial in the youth court?
Generally will not be (just sent straight to Crown)
Mode of trial here meaning court decides where trial will be held (rather than automatically keeping in Youth/sending straight to Crown) [does not mean they will not make a plea]
- Youth charged with offence capable of being a grave crime
- Youth jointly charged with adult for either-way or indictable-only offence
I.e. in these situations, will be a plea for venue (there usually wouldn’t be!)
Does a youth have the right to elect to Crown Court?
No - can only make representations for or against youth court
When deciding mode of trial, what representations are heard and what can court have regard to?
- Prosecutions heard from both prods and def
- Court entitled to have regard to youth’s previous convictions
Where several youths are charged together, how does the court consider each D? What does this mean?
Separately - meaning one youth can be sent for Crown while others remain in youth (rare)
What happens to the PBV procedure if the accused behaves in a disorderly manner?
PBV procedure can be carried out in youth’s absence provided they are legally represented
ONE OF THE SITUATIONS WHERE A YOUTH CAN BE TRIED IN CROWN COURT
What is a grave crime?
2 things
PBV is used
- Any offence that carries 14 years or more imprisonment for adult
- Offences under Sexual Offences Act (s3, s13, s25, s26)
What are the Crown’s sentencing powers for grave crimes under s250?
Can sentence a youth to any length of detention which would be possible if they were an adult
Note this is the Crown’s power, not the youth court
Power used where maximum sentences available to the youth court (2 years) are not sufficient
Where a youth indicates not guilty at a plea before venue for a grave crime, what must the youth court consider?
Is a plea before venue here because a grave crime charge is an exception to the rule that there is generally no PBV for youths!
Whether it ought to be possible (for the Crown) to impose a sentence under s250 (i.e. considering whether max sentencing powers of 2 years would be sufficient)
Where a youth indicates not guilty at a plea before venue for a grave crime and the youth court considers it ought to be possible to impose a sentence under s250, what must the court do?
Send the youth to Crown Court for trial
As Youth court has decided its max 2 years imprisonment is insufficient
Where a youth indicates guilty at a plea before venue for a grave crime, what does the court consider?
Whether sentencing powers are sufficient - can now make fully informed decision on whether sentence of over 2 years’ detention is necessary
What is the two stage test for deciding whether s250 (i.e. Crown can sentence youth to any length of detention which would be possible if an adult) applies?
This is a summary of the last two cards - should be borne in mind whether guilty or not guilty indication is made
- Is it an offence capable of being a grave crime? If yes…
- Is the appropriate sentence one of over two years’ detention?
Where a youth is charged with multiple offences and at least one but not all are grave crimes, what can the court consider?
The combined seriousness of all offences when determining whether s250 - those that are may be sent for trial
However, on conviction, Crown Court can only order long-term detention for the offence(s) to which s249 applies