Youths MCQs Flashcards
Where a youth is charged with an offence, when do parents or guardians need to attend court with the youth?
A parent or guardian must attend court if the person is 16 years old unless it is unreasonable for them to do so.
A parent or guardian must attend court if the person is 17 years old unless it is unreasonable for them to do so.
A parent or guardian must attend court if the person is 18 years old unless it is unreasonable for them to do so.
A parent or guardian must attend court if the person is 15 years old unless it is unreasonable for them to do so
A parent or guardian must attend court if the person is 15 years old unless it is unreasonable for them to do so
Correct. Section 34A(1) of the Children and Young Persons Act 1933 (as amended) makes it clear that if a child or young person is under the age of 16, then a parent or guardian must attend court, unless it is unreasonable for them to do so.
The other options were incorrect because:
- if a person is aged 18 or over, they are an adult, so no parent or guardian must attend; and
- if a person is aged 16 or 17 years old, a parent or guardian may attend court rather than ‘must’ attend.
Nathalie, aged 17, has been charged with an offence of robbery along with her elder sister Ellie who is aged 23. In the case of an adult, robbery carries a maximum sentence of life imprisonment. Nathalie has indicated that she will plead guilty. Nathalie has previous offences for robbery. The court has indicated that it will be sending Nathalie’s case to the Crown Court.
Which of the following best explains why Nathalie’s case will be heard in the Crown Court?
Nathalie is jointly charged with an adult and it is in the interests of justice that they be tried together.
Nathalie is charged with an indictable only offence.
Nathalie is charged with a grave crime and a sentence substantially exceeding two years needs to be available.
Nathalie is charged with a grave crime.
Nathalie is charged with a grave crime and a sentence substantially exceeding two years needs to be available.
Correct. This can be the only reason on these facts why the case is being sent to the Crown Court. It is irrelevant that the matter is indictable only for an adult, different considerations are taken into account when the defendant is a youth. The court must conclude that the offence is a grave crime and there must a real prospect of a sentence of more than two years being imposed. The fact that Nathalie is jointly charged with an adult is not relevant as she has pleaded guilty. The interests of justice test is only relevant when the adult and youth defendants have pleaded not guilty and there is to be a trial.
You are representing Ishan, aged 14, at the Youth Court. Ishan is charged with an offence of robbery. His trial takes place in the Youth Court. He is convicted of the offence. Having heard the trial, the Judge decides that the offence is very serious and calls for a sentence of over 2 years.
Can the Youth Court commit Ishan to the Crown Court for sentence?
The Youth Court must not commit Ishan to the Crown Court for sentence, Ishan will be sentenced in the Youth Court
The Youth Court must not commit Ishan to the Crown Court for sentence, Ishan will be sentenced in the adult magistrates’ court
The Youth Court must commit Ishan to the Crown Court for sentence
The Youth Court may commit Ishan to the Crown Court for sentence
The Youth Court may commit Ishan to the Crown Court for sentence
Correct. Ishan can be committed to the Crown Court for sentence because robbery is a ‘grave crime’ (s.91 PCC(S)A 2000) and the Judge has considered that this offence calls for a sentence of more than two years detention (s.3B PCC(S)A 2000).
The other options are incorrect because:
- The Youth Court may commit Ishan to the Crown Court for sentence rather than must do this.
- A youth will only appear in the adult magistrates’ court if jointly charged with an adult.
- Ishan can be committed to the Crown Court, rather than be sentenced in the Youth Court.
Rhys, aged 16, is arrested for conspiracy to commit burglary, alongside six adult co-defendants. Rhys played the role of look out and was connected to a conspiracy involving 86 burglaries. Hundreds of thousands of pounds worth of property was stolen, in a complex and sophisticated operation. Rhys’s case is sent to the Crown Court and he enters a guilty plea at the first available opportunity. Rhys could only be linked evidentially to 13 of the burglaries, and it is accepted that given his age, he fell at the bottom of the conspiracy chain.
Rhys has 8 previous convictions; 4 for theft, 3 for non-dwelling burglaries and 1 for a dwelling burglary. He has received a range of sentences including a referral order, youth rehabilitation order and fines.
When the case comes before the judge for sentence, the judge states that a custodial sentence is unavoidable but orders a pre-sentence report as is duty bound to do so. The judge indicates that the likely starting point for Rhys will be in the region of three years, before credit for a guilty plea.
What is the most likely course of action the judge will take in this case?
The judge is likely to remit Rhys to the Youth Court for sentence
The judge is likely to sentence Rhys to extended detention for dangerous offenders
The judge is likely to sentence Rhys to a detention and training order of 24 months
The judge is likely to sentence Rhys to long-term detention
The judge is likely to sentence Rhys to a detention and training order of 24 months
Correct. As the judge has indicated a starting point of around three years and allowing for a one third discount for a guilty plea, this is the most likely outcome for Rhys. A detention and training order can be imposed by the Crown Court, conspiracy to commit burglary is an offence which is punishable with imprisonment in the case of an adult and Rhys is aged 16, so a detention and training order, up to a maximum length of 24 months can be imposed.
The other options are incorrect or not the course of action that the judge is most likely to take.
The judge is unlikely to remit Rhys to the Youth Court for sentence, as Rhys is part of a conspiracy with others who also fall to be sentenced for the same offence.
The judge is unlikely to sentence Rhys to long-term detention on the facts of the case. Section 91 Powers of Criminal Court (Sentencing) Act 2000 allows a Crown Court to sentence a youth to any length of detention which would be possible if they were an adult. Long-term detention under s.91 Powers of Criminal Court (Sentencing) Act 2000 relating to grave crimes is possible here, as the judge has indicated the likely starting for Rhys is in excess of two years. However, the judge is unlikely to sentence Rhys to long-term detention when you allow a one third discount for a guilty plea and take into consideration the other custodial sentence option available for a youth aged 16 years old.
The judge is unlikely to sentence Rhys to extended detention for dangerous offenders. The facts of this case do not clearly present a case for a finding of dangerousness, as for example, the judge has not indicated that Rhys’s offence warrants the equivalent determinate sentence of at least four years.
Tina, aged 12, is charged with stealing from her local shop. The Youth Court find the prosecution case proved.
Can the Youth Court impose a financial penalty?
The Youth Court can impose a fine without limitation
The Youth Court can impose a fine of up to £250
The Youth Court can impose a fine of up to £1,000
The Youth Court cannot impose a fine as Tina is 12 years old
The Youth Court can impose a fine of up to £250
Correct. The other options are incorrect because:
- The Crown Court can impose a fine without limitation but the Youth Court cannot.
- The Youth Court can impose a fine but Tina’s parent or guardian will be responsible for paying the fine.
- The Youth Court can impose a fine of up to £1,000 if a youth is aged 14 or over but Tina is aged 12.
Question 1
A boy, aged 16, has been jointly charged with a man, aged 18. They have been charged
with an offence of theft of goods valued at £350 from a shop. The man consents to have his
trial dealt with in the magistrates’ court.
In which court will the boy’s trial take place?
A The trial may take place in the magistrates’ court or the youth court. The boy does not
have a right of election to have his trial dealt with in the Crown Court.
B The trial may take place in the magistrates’ court although the boy also has a right to
elect trial in the Crown Court since he is charged with an either- way offence.
C The trial must take place in the magistrates’ court, although if convicted the boy may be
sentenced in either the magistrates’ court or have his case remitted for sentence to the
youth court.
D The trial must take place in the magistrates’ court as the boy has no right of election
since he is charged with a summary- only offence.
E The trial may take place in the magistrates’ court or the youth court depending on
where the magistrates’ court believe it will be in the interests of justice for the boy’s
case to be dealt with.
Answer
Option C is the correct answer. If the adult is to be tried in the magistrates’ court, the adult
and juvenile must be tried together in the adult magistrates’ court. If the boy is convicted,
the magistrates will normally remit the case to the youth court for sentence unless they
propose to deal with the matter by way of a fine or a discharge, in which case, they will
usually sentence the boy themselves.
Option A is wrong. Although it is correct to say the boy does not have a right of election
to have his trial in the Crown Court, the case must, not may, be dealt with in the adult
magistrates’ court. Option B is also wrong for the same reason given for option A, but also
because a juvenile will never have a right of election to have their trial in the Crown Court,
even though the boy has been charged with an either- way offence. Option D is wrong
because although it is correct to say the case must be tried in the magistrates’ court, this
is not a summary- only offence (the value of the goods stolen is not under £200). Option E
is wrong because the magistrates do not have any discretion where the boy’s case can be
tried, although they do have a discretion where he can be sentenced if he is convicted.
Question 2
A girl, aged 11, has been charged with an offence of assault. It is alleged that she
assaulted a teacher at school. When interviewed about the offence, the girl denied the
assault and wrongly claimed the teacher had sexually assaulted her. The girl is to appear
in the youth court and having received legal advice, now intends to plead guilty. The girl
received a youth caution for an offence of assault on a fellow pupil two months ago and a
conditional caution for an offence of criminal damage one month ago. The youth court will
not take the view that the custody threshold has been met for this offence, nor will they deal
with it by way of an absolute discharge.
Will the girl receive a referral order when she appears in the youth court?
A Yes, because she will plead guilty to the offence and she has never previously been
convicted or bound over by a court.
B No, because the girl will now be classed as a persistent young offender and so will not
be eligible to receive a referral order.
C Yes, because the court has a discretion to impose such an order where the girl
indicates a guilty plea.
D No, because the offence will be regarded by the youth court as being too serious given
the girl’s wrongful allegation against the teacher.
E No, because the girl did not make an early admission of guilt when first interviewed by
the police.
Answer
Option A is the correct answer. A referral order must be made for a juvenile who pleads guilty
to an offence (which carries a possible custodial sentence which assault does) and who has
never previously been convicted or bound over by a court, unless the court is proposing either
to impose a custodial sentence or to make an absolute discharge. Referral orders cannot be
made unless the juvenile pleads guilty to the offence with which they have been charged. In
this case, we are told the girl will plead guilty, she has no previous convictions and the court is
not proposing either to impose a custodial sentence or to make an absolute discharge.
Option B is wrong because the girl will not be classed as a PYO as she does not yet have
any previous convictions recorded against her (only two youth cautions). Option C is wrong
because the youth court does not have a discretion – they must impose such an order (subject
to the qualifications mentioned above which do not apply here.) Option D is wrong because
we are told the offence does not meet the custody threshold, so a referral order must be
made, even though the girl’s wrongful allegation against the teacher is an aggravating factor
in the case. Option E is wrong because the eligibility for a referral order is based on a guilty
plea in court, not for an early admission of guilt when first interviewed by the police.
