youths (week 10)

Question 1

what age group is a youth?

Answer 1

between ages 10-17

Question 2

what are the two specific aims that guide the way youths are dealt with?

Answer 2

1. prevent children and young people from offending
2. have regard to the welfare of the child or young person

Question 3

who is a juvenile?

Answer 3

aged under 18

Question 4

who is a child?

Answer 4

under 14 years old

Question 5

what is an adult? (how does this differ for sentencing?)

Answer 5

age above 18
for sentencing sometimes means person aged 21 and above

Question 6

who is a young person?

Answer 6

age between 14 - 17

Question 7

what is a persistent young offender?

Answer 7

young person who has been convicted of, or made subject to a pre-court disposal that involves an admission or finding of guilt, in relation to imprisonable offences on at least 3 occasions in past 12 months.

Question 8

what is the presumption for where youths are tried?

Answer 8

presumption is youths will be dealt with youth court (even those classed as indictable only for adults)

Question 9

what judges make up a youth court?

Answer 9

district judge sitting alone; or
no more than 3 magistrates

Question 10

what are the rules on if parents/guardians need to attend if under age 16 and if 16 or 17?

Answer 10

under 16: MUST attend
16 or 17: MAY attend

Question 11

what type of trial happens in a youth court?

Answer 11

a form of summary trial as youth courts are essentially magistrates’ courts.

Question 12

if a youth commits an offence at age 17 and is arrested and charged but now is 18 before first appearance at court = which court?

Answer 12

they go to the magistrates court and appear as an adult
(youth court has no jurisdiction to hear their case as they are now an adult)

Question 13

what are the reporting restrictions for a youth being tried in the adult magistrates or crown court?

Answer 13

reporting restrictions are discretionary (however, usually there is prevention of publication of any info which might identify the young person)

Question 14

does an appropriate adult have to be a person who is responsible for the welfare of the child?

Answer 14

no they dont

Question 15

what happens if juvenile admits offence to or in presence of a social worker of member of youth justice service and that person is not acting as an AA?

Answer 15

then another AA should be appointed in the interests of fairness.

Question 16

what are the 3 key purposes of an appropriate adult?

Answer 16

1. advise juvenile being questioned
2. observe whether the interview is being conducted properly and fairly; and
3. facilitate communication with the juvenile being interviewed

Question 17

is there a duty of confidentiality on an appropriate adult?

Answer 17

no there isn’t

Question 18

when can a juvenile be interviewed or asked to sign things in absence of their appropriate adult?

Answer 18

if authorised by a superintendent or above and only if they believe delay will have certain consequenences and is satisfied that the interview would not significantly harm the juvenile’s physical or mental state

Question 19

whose consent is needed for a juvenile to participate in an ID procedure?

Answer 19

consent of juvenile’s parent/guardian and the juvenile

(if under 14 only need parent/guardian)

Question 20

what are the 5 options after interview when dealing with a child or young person?

Answer 20

1. no further action
2. community resolution
3. youth caution
4. youth conditional caution
5. charge

Question 21

can a youth caution be given for an indictable offence?

Answer 21

yes but only if permission is granted from CPS

Question 22

what is a parenting order?

Answer 22

statutory requirement that parents/guardians attend all Staes of proceedings unless deemed unreasonable

Question 23

who do parenting orders apply to?

Answer 23

if aged under 16
16+17 there is discretion

Question 24

what is the relevant age for the propose of sentencing?

Answer 24

the age of the offender at the date of conviction

Question 25

what are the 3 powers of committal to the crown court for sentence applying to youths?

Answer 25

1. youth is convicted of a grave crime offence and court considers CC should have power to deal with offender (sentence in excess of 2 years - detention required)
2. committal for sentence of dangerous young offenders
3. committal for sentence for related offences

Question 26

what is a referral order (sentence)?

Answer 26

referral order is the mandatory sentence in a youth court or magistrates’ court for most children and young people who have committed an offence for first time and have pleaded guilty to an imprisonable offence.

requires offender to attend each meeting of youth offender panel established for offence by youth justice service and comply for a particular period with programme of behaviour to be agreed between panel and offender

Question 27

what is the only custodial sentence available in the youth court?

Answer 27

detention and training order (DTO)

Question 28

what are the 4 scenarios when a youth will have their first hearing at the magistrates court (instead of the youth court)?

Answer 28

• youth jointly charged with an adult
• youth charged with aiding and abetting an adult to commit an offence
• adult is charged with aiding or abetting youth to commit an offence
• youth is charged with offence arising out of same circumstances or connected with offence that adult is charged with

Question 29

what happens if youth enters not guilty plea?

Answer 29

parties asked to complete case management form and directions made for future management of case

Question 30

what are the 5 situations where youth MUST be tried in CC and not youth court?

Answer 30

1. homicide
2. certain firearm offences
3. grave crime
4. dangerous offence
5. jointly charged with adult and in the interests of justice

Question 31

what are the two things that make ‘grave crimes’?

Answer 31

1. any offence that in the case of an adult carries 14years or more imprisonment
2. offences under sexual offences act 2003

Question 32

what is the procedure for deciding whether s250 SA 2020 (grave crimes) applies? (2 stage test)

Answer 32

1. is it an offence capable of being a grave crime (eg, does it satisfy the 2 criteria for being a grave crime)
   if yes, then:
2. is the appropriate sentence one of over 2 years detention?

Question 33

what court is a youth sent to who commits multiple offences but one or some of the offences (not all) are considered as grave crimes?

Answer 33

court considers combined seriousness of all offences when determining if s250 SA applies. those that are related may be sent for trial if s249 applies but on conviction CC can only order long-term detention for offences which s249 SA applies to

Question 34

if a youth is sent to CC for trial with an adult and the adult pleads guilty - what court does the youth have their trial in?

Answer 34

CC as there is no power to remit the youth back to the youth court

Question 35

If an adult is to be tried summarily but a youth indicates a not guilty plea, when must an adult magistrates’ court try the youth?

Answer 35

youth and adult jointly charged with any offence