Youths - Jointly Charged with Adults Flashcards
What is first hearing location of a Youth?
Youth Court
What is the exception to first hearing location at Youth Court for a Youth?
If jointly charged with an adult, the first hearing is in the adult magistrates’ court
What is determined at the first hearing for a Youth?
1) Plea
2) Offence type
3) Is offence grave crime?
4) Does youth meet dangerous offender criteria?
5) Is there mandatory Crown Court Route?
What is considered a grave crime for a Youth?
Where sentence might exceed 2 years
What does Court decide on whether to send Youth to Crown Court if the Adult is sent to the Crown Court?
Is it in the interests of justice to send the Youth there as well
What are the Interests of Justice Test factors for sending Youth to Crown Court?
1) Injustice to witness or case is separated
2) Youth’s age and maturity
3) Age gap between youth and adult
4) Culpability of youth vs adult
5) Youth’s previous convictions
What happens if Adult pleads guilty in joint case with Youth?
Youth dealt with separately
What happens if adult pleads not guilty and is retained in Mags court?
Youth can be tried jointly in Mags Court
What does the Court do if adult pleads not guilty and is sent to Crown Court?
Apply IOJ test
What happens if IOJ test is met for court selection?
Youth sent to Crown Court
What happens if IOJ test is not met for court selection?
Youth tried in Youth Court
What is the test for determining if an offence by a Youth is a grave crime?
Should the youth face sentence substantially exceeding 2 years?
What happens if the Youth does commit a grave crime?
Youth is sent to Crown Court
What happens if the Youth does not commit a grave crime?
Youth retained in Youth Court unless IOJ test sends them with adult
What happens to adult in indictable only offences?
Adult will be sent to Crown Court
What happens to youth in indictable only offences?
If homicide or firearms or dangerous offender, must be sent to Crown Court
What happens if in Crown Court, but then the adult pleads guilty?
Youth cannot be remitted back to Youth Court once in the Crown Court
Where is youth sentenced if found guilty in Crown Court?
In Youth Court unless undesirable
What is the exception for a youth being sent to youth court for sentencing?
If homicide
