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Crim > 21. Youth Courts and the appearance of youths in other courts > Flashcards

21. Youth Courts and the appearance of youths in other courts Flashcards

1
Q

who is classed as an adult?

A

18 or over

sometimes 21 and over for sentencing

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2
Q

who is classed as a child ?

A

under 14

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3
Q

who is classed as a young person?

A

aged 14-17 inclusive

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4
Q

what is the age of crim responsibility?

A

irrebuttable presumption that someone u10 cannot be guilty of a criminal offence.

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5
Q

where are children and young people dealt with?

A

youth court.

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6
Q

what is a trial in the youth court?

A

effectively a summary trial

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7
Q

what cases can youth court try?

A

can try offences that for adults would be indictable only

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8
Q

can someone u18 elect CC trial?

A

no, if a child/yp is sent to CC for trial it is because the mags have decided they should not accept jurisdiciton

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9
Q

when must a child be tried in CC?

A

if charged with:
* homicide or
* certain offences to which mandatory minimum sentence provisions apply

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10
Q

when may a child or yp be tried in CC ?

A

if charged with:
* an offence to which SA 2020, s.249 applies or
* offence which falls within ambit of dangerous offender provisions or
* charged alongside adult accused (can also be tried in adults MC)

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11
Q

who is allowed in youth court?

A
  • members of court and court officials
  • parties to case
  • witnesses and other persons directly concerned in that case
  • bona fide representatives of news organisations (reporting restrictions)
  • anyone directly involved in case (probation officers / social)
  • anyone who court authorises
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12
Q

can the public be in a Youth Court?

A

no

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13
Q

can public go in CC if youth is appearing there?

A

yes, unless court sits in private (exceptional)

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14
Q

when should the attendance of a parent or guardian be ordered?

A

MUST be ordered where accused U16 and MAY be ordered in any other case
UNLESS it would be unreasonable to do so having regard to case circumstances

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15
Q

who is a guardian?

A

anyone who has for time being care of the child or young person

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16
Q

what happens if local authority has parental responsibility?

A

their rep rather than (or in certain cases as well as) parent must be required to attended

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17
Q

what words replace conviction and sentence in youth cases?

A

conviction - finding of guilt
sentence - order made on finding of guilt

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18
Q

course of trial in youth court is?

A

Essentially same as trial in adult MC.

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19
Q

how does youth court differ from adult MC?

A
  • accused sits in chair not dock
  • usually has parent/guardian nearby
  • accused and young witnesses addressed by their first names
  • oath taken by witness is a promise
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20
Q

when will a Plea before venue (PBV) take palce?

A

where court would otherwise be required to send to CC for trial because either:
* case falls within s.249 or
* adult co-accused

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21
Q

when does PBV not apply?

A

where child/yp charged with homicide.

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22
Q

what is the test for sending to CC where child/yp has adult co-accused?

A

whether it is necessary in the interests of justice for the child or young person to be sent to the Crown Court for trial as well

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22
Q

what is the test for sending to CC where s.249 applies?

A

mags will consider whether it ought to be possible to impose a sentence of detention under that section if the accused is found guilty of it.

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23
Q

can a PBV be determined in absence of child/yp?

A

yes if:
* legally repped AND
* court considers that accused’s disorderly conduct makes it impracticable for them to be conducted in presence AND
* court thinks should proceed in absence

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24
Q

when can a child be sent to CC for a related offence?

A

where court sends C/yp for trial with adult co-accused it can send them for:
* related indictable offence and
* related summary offence if punishable by imprisonment/disqualification.

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25
Q

how is allocation determined?

A

if child/yp indicates NG plea:
* court will invite reps from pros and def as to whether in ints of justice to send to CC.
must balance conflicting interests of benefits of joint trial and trauma for child/yp
child/yp should wherever possible be tried in YC

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26
Q

what will the court take into account when deciding whether to send to CC ?

A
  • age & maturity of young D
  • age gap between young person and adult
  • culpability in relation to offence compared to adult
  • pre-cons of the two
  • whether trial can be severed w/o injustice & inconvenience to witnesses.
  • also the fact that YC can commit for sentence
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27
Q

can CC remit a youth to YC?

A

where accused is U18 and sent to CC for trial, CC must consider whether to send D back to youth court and if they decide not to, must give reasons for doing so. (unless trial on indictment)

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28
Q

what orders can the MC make for youths who plead guilty?

A
  • absolute dischagre
  • conditional discharge
  • fine (£1000 14yrs + / £250 U14)
  • parental control order
  • referal order
29
Q

if MC orders are not acceptable what should they do?

A

remit to youth court

30
Q

what is the procedure for a youth who is jointly charged with adult being tried summarily?

A

if child/yp indicates NG - adult court MUST try them
if child/yp indicates G or is found G - remit back to YC for sentence if MC sentence powers inappropriate
if adult pleads G and yp pleads NG - may try or may remit (usually remit)

31
Q

if s.249 and there is an adult co-accused what question is considered?

A

whether a sentence under s.249 would be appropriate in the event they are convicted.

MC has to decide where YP is to be tried.

32
Q

what does the court consider when determining age?

A

court makes “due inquiry” as to person’s age and any evidence on their age.

33
Q

how is a persons age determined?

A

a persons age shall be deemed that which appears to the court

34
Q

where do youths have their first appearance?

A

Youth Court UNLESS exceptional

34
Q

what is classed as an exceptional case?

A

child / yp is:
charged jointly with adult
charged with aiding/abetting adult or
charged with offence related to (arising out of circs which are same / connected) with charges of adult

35
Q

5 circumstances in which trial of C/YP either may or must take place in CC?

A
  • homicide = MUST be CC
  • Firearms and Over16 at date of offence = must be CC
  • s.249 applies (carries at least 14yrs imprisonment in case of adult) = MAY be CC
  • specified dangerous offender offence - MAY be CC
  • charged alongside adult - MAY be CC IF in ints of justice to do so
36
Q

when is child tried on indictment?

A

only if sent to CC for trial. all other times they are tried summarily.

37
Q

when will an offence fall into s.249?

A
  • where offence carries at least 14 years imprisonment for adult offender
  • Where child or YP who has attained age of 10 convicted of serious sexual offence.
38
Q

what does s.250 do?

A
  • crown to pass long term detention
  • crown to pass detention where detention would not usually be available
39
Q

what happens if some of charges sent to CC and others remain in YC?

A

YC do not have to adjourn proceedings in respect of other offences

40
Q

how is allocation decided where s.249 applies?

A
  • subs from pros and def
  • pre-cons
  • consider position of each youth separately
  • cannot send a youth to CC for trial merely because another co-accused u18 is being sent there.
41
Q

how is dangerousness defined in relation to specified offence?

A

here is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences.

42
Q

when can court impose extended sentence?

A
  • appropriate custodial term is 4years
  • offence is a specified offence
43
Q

when can dangerous offender provisions be exercised against c/yp?

A
  • there is sufficient info about nature and circs of offender, offence and patterns to assess offender as dangerous AND
  • it is in the interests of justice for them to be tried on indictment
44
Q

what sentences are available to youth court?

A
  • detention and training order
  • fines
  • youth rehab orders
  • referral orders
  • reparation orders
  • absolute and conditional discharges
  • parenting order
45
Q

what ancillary orders can youth court make?

A
  • up to £5k compensation per offence (aggregate for more than one can be over £5k)
  • bind parents over
46
Q

1.

when is a detention and training order available?

A
  • offender at least 12 years old
  • and convicted of offence punishable by at least 4 month imprisonment
47
Q

what is a detention and training order?

A

period of detention followed by period of supervision

48
Q

when can court not make D&T order?

A

if it imposes:
* extended sentence
* sentence of detention under s.250

49
Q

what does court have to be satisfied of to impose a D&T on someone U15?

A

that they are a persistent offender

49
Q

how and when will a youth be classed as a persistent offender?

A
  • court will look at pre-cons (cautions, warnings, reprimands)
  • youth being sentenced for series of separate comparable offences
  • youth who has committed one previous cannot be persistent offender
50
Q

what is the threshold for imposing a D&T?

A

offence or combo of offences so serious that neither a fine alone nor a community sentence can be justified for the offence.

51
Q

what age can d&t order be imposed?

A

offender has to be 12 at date of conviction

52
Q

what are minimum and max terms of a D&T order?

A

min - 4 months
max - 24 months

terms of less than 4 months cannot be aggregated to reach a 4 month minimum.

can be consecutively imposed for multiple offences

53
Q

can an aggregate exceed the maximum (detention and training orders)?

A

no. If a term, or aggregate term, longer than 24 months is imposed by the court, the excess is automatically remitted

54
Q

when is a youth rehab order appropriate?

A

appropriate community sentence for offenders U18 when convicted

55
Q

1.

what is the max length of a youth rehab order?

A

3 years

56
Q

what is a youth rehab order?

A

the order involves the imposition of one or more youth rehabilitation requirements.

57
Q

threshold for imposing YRO?

A

offence/combo of offences serious enough to warrant the making of such an order

58
Q

what info must be obtained before making YRO?

A

offender family circs &
effect of YRO on those

59
Q

what is a referral order?

A

order that requires youth to attend meetings with youth offender panel. Can give requirements (panel decides these).

60
Q

which court can make referral order?

A

MC and YC

60
Q

when is a referral order available?

A
  • Court is a YC or other mags court AND
  • Offender is U18 when convicted AND
  • Sentence not fixed by law AND
  • And offender pleaded G to offence or any connected offence
61
Q

when are youth court required to make a referral order?

A

must make referral order if:
offence imprisonable
offender pleads G
offenders first offence

otherwise they have discretion

62
Q

length of referral orders?

A

not less than 3 months not more than 12 months

63
Q

what must referral order specify?

A

which youth offending team is to establish panel and
period of order

64
Q

multiple referral orders at once?

A

Where a court makes a referral order on an offender who is already subject to one, the court may direct that any youth offender contract under the new order is not to take effect until the earlier order is revoked or discharged

64
Q

1.

on making a referral order what must court explain?

A

effect of order
consequences of no youth offender contract taking effect or breach

65
Q

can you get reduction for G plea AND referral order?

A

no, as it is only available when pleading G

Crim (27 decks)

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