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
ONE OF THE SITUATIONS WHERE A YOUTH CAN BE TRIED IN CROWN COURT
When are youths considered ‘dangerous offenders’ meaning they can be sent to Crown Court? Must they be sent?
2 conditions required
- The offence is a specified offence (within meaning of s306); and
- It appears to court that if found guilty, the criteria for imposition of a sentence of extended duration (under s254) would be met
Both met = youth must be sent directly to Crown
What is the 3-part criteria for imposing a sentence of extended detention for youths?
I.e. the second condition of youths being considered ‘dangerous offenders’
- Youth is convicted of a specified offence
- Court considers there is significant risk of harm to public from youth committing further specified offences; and
- The offence warrants the equivalent determinate sentence of at least 4 years
What is an extended sentence comprised of?
An appropriate custodial term plus an extended licence period
How often should the power to send youths to the Crown for trial under dangerousness provisions be used?
Dangerousness provisions = dangerous offender
Rarely - because there will often not be sufficient information about the offence in order to be able to make a fully informed decision
If jurisdiction has been retained, when will the Youth Court have the power to commit to the Crown for sentence?
Where further information comes to light during/after trial which leads court to conclude, on conviction, that youth should be sentenced under the dangerousness provisions
What should be considered first if an offence is both specified (re dangerous offenders) and a grave crime?
Dangerousness considered first
Even though it may seem logical to first deal with whether offence is a grave crime, as if a sentence of over two years is not required then dangerousness (which requires a sentence of at least four years) cannot be a live issue.
Summary of grave crimes and dangerous offenders
- For both youth must be tried in Crown
- Grave = offence in case of adult carrying 14 yrs/more imprisonment or offence under sexual offences act (s250 may also apply)
- Dangerous = specified offence and if found guilty, criteria for imposition of extended detention would be met (specified offence + significant risk of harm to public + determinate sentence of at least 4 years)
Moving on from grave / dangerousness…
Where a youth is jointly charged with an adult, where will the youth have first appearance and what will the court consider (and in what order)?
- Appears in adult magistrates’
- Court considers where adult should be tried and then where youth should be tried
What happens where the youth has first appearance at a different time to the adult?
Will take place in youth court but court still considers where the jointly charged adult is being tried
What procedure applies where youth is charged jointly with adult?
Plea before venue - youth is asked to indicate plea
What are the 4 different scenarios to consider for a plea before venue with a jointly charged adult?
- Adult sent to Crown - youth indicates not guilty
- Adult tried summarily - youth indicates not guilty
- Adult pleads guilty - youth indicates not guilty
- Youth indicates guilty/found guilty
NB for all of these, subject to situations where youth must be tried in Crown (homicide, grave crime etc.)
1. Adult sent to Crown - youth indicates not guilty
Where the magistrates decides adult should be tried in Crown, what criterion will they consider when deciding whether youth is to be tried with adult? How is this different where the youth is charged with related summary only offences?
- Whether it is necessary in the interests of justice (pros and defence make representations)
- If charged with related summary only offences = can only be sent if they are also punishable with imprisonment or involve disqualification from driving
More on interests of justice test later
Magistrates’ have power to keep youth in adult court but will usually remit to the youth court in such situations; is the venue best equipped to deal with youth defendants
If the adult is sent to Crown and joint offence is capable of being a grave crime, what will the court need to consider? What will this be relevant to?
- Whether if youth convicted a sentence under s250 (any length of detention possible if adult) is available
- Relevant to whether interests of justice criteria are met
2. Adult tried summarily - youth indicates not guilty
Where the adult consents to summary trial/joint offence is summary only offence, when must the youth be tried in magistrates’ and when may they be tried in magistrates’?
- Must = youth and adult jointly charged with offence
- May = youth charged with aiding and abetting adult (or vice versa) or youth and adult charged with offences arising out of same circumstances
What happens to the youth where they are charged with aiding and abetting adult (or vice versa) or youth and adult are charged with offences arising out of same circumstances (the may circumstances) and the court do not try the youth and adult together?
Youth is remitted to youth court
3. Adult pleads guilty - youth indicates not guilty
What happens where adult pleads guilty at PBV and youth indicates not guilty?
Likely that youth will be remitted to youth court (but may try youth without the adult!)
4. Youth indicates guilty plea or is found guilty
What happens where youth indicates guilty plea/is found guilty?
Magistrates’ must consider whether sentencing powers are appropriate - if not the youth will be remitted
Summary of the 4 situations
- Adult is sent for Crown Court trial - youth indicates not guilty plea = necessary in interests of justice test
- Adult to be tried summarily - youth indicates not guilty plea = must/may circumstances (if may and does not = remitted to youth)
- Adult pleads guilty - youth indicates not guilty plea = likey to remit to youth court
- Youth indicates guilty plea or is found guilty = remit youth to youth court if sentencing powers not appropriate
When must the magistrates’ consider whether it is in the interests of justice (IOJ) for the youth and adult to be tried jointly in the Crown? What is the presumption in this situation?
- Where adult is sent to Crown and youth is to be tried on same matter
- Otherwise a presumption that youth tried in youth court
What is considered when deciding whether it is in the interests of justice (IOJ) for youth to be tried with adult in Crown?
- Whether separate trials will cause injustice to witnesses/case
- The age of juvenile (younger = more likely tried in youth)
- The age gap between adult and youth (bigger = more likely tried in youth)
- The lack of maturity of juvenile
- The relative culpability of juvenile cf with adult (whether juvenile’s role was minor)
- (Lack of) previous findings of guilt on part of juvenile
How will the the interests of justice criteria be decided?
Representations made by both defence and prosecutions re whether it is in interests of justice to send youth to Crown
What are the downsides of 1. sending youth to Crown and 2. not sending youth to Crown and having separate trial?
- Sending youth to Crown = pros witnesses give evidence twice and verdicts of the two courts may be different
- Not sending youth to Crown = youth would not be tried in court best equipped to deal with youths and intimidating
If the court decides not to send youth to Crown for trial, will the trial take place in the magistrates’?
No - will take place in youth court
What is held where the court decides youth should be tried with adult?
A Plea and Trial Preparation Hearing alongside adult
Is there power to remit youth back to youth court if adult with whom youth was sent pleads guilty?
No! Youth would face trial alone
Unless it is undesirable to do so, what must the court do where the trial concludes and the youth is found guilty? What is the exception to this?
- Court must remit the case to youth court
- Exception = homicide!
What should the court balance when considering whether remittal is undesirable?
The need for expertise in sentencing of youths v benefits of sentence being imposed by the court which determined guilty
The next few pictures seem confusing but are understandable based on all information above!
Youth is jointly charged with an adult for an either way offence for a non-grave crime
Youth is jointly charged with an adult for an either way offence for a grave crime and youth pleads not guilty
Youth is jointly charged with an adult for an either way offence for a grave crime and youth pleads guilty
Youth is jointly charged with an adult for an indictable only offence
Adult charged with either-way offence, how is youth dealt with?
VERY HELPFUL DIAGRAM
Adult charged with indictable-only offence, how is youth dealt with?
VERY HELPFUL DIAGRAM
