Youths

Question 1

What is meant by “juveniles”?

Answer 1

Anyone under the age of 18

Question 2

What is the situation with children under 10?

Answer 2

Children under 10 are irrebutably presumed to be incapable of committing any crime

Question 3

All witnesses in the youth court will usually be kept out of the courtroom until it is their time to give evidence. True or false?

Answer 3

True

Question 4

Children under 14 give evidence unsworn. Those over 14 may give evidence on oath if they “promise” to tell the truth. True or false?

Answer 4

True

Question 5

In what circumstances MUST a Court send a youth to the Crown Court for trial?

Answer 5

1. In a homicide case
2. Where the offence is one that an adult offender would be liable to be sentenced to 14 years or more in prison and the Court believes that if the offender is found guilty it should be possible to sentence him to ling term detention

Question 6

Where a juvenile is charged with an adult defendant then the first appearance for both of the accused will be where?

Answer 6

The Magistrates Court

Question 7

If a juvenile and an adult are jointly charged with a triable either way offence the adult will go through the mode of trial procedure as normal. If the adult is sent to trial in the Crown Court, what happens to the juvenile?

Answer 7

Under s51 CDA 1998, the Magistrates may send a young person or child to the crown court alongside the adult only if it is in the interests of justice.

Question 8

A Magistrates Court can use the power to send a youth for trial in the Crown Court if the youth is charged with which types of offence and in what circumstances?

Answer 8

1. Indictable only
2. Either way
3. Summary and punishable with imprisonment or disqualification

Question 9

What is the test for sending a youth to the crown Court alongside an adult?

Answer 9

Is it necessary in the interests of justice

Question 10

The Youth Court has no jurisdiction over who?

Answer 10

Defendants over the age of 18 at the start of proceedings

Question 11

If a Defendant was aged under 18 when she was charged with an offence, but is 18 when the proceedings start - where should she make her first appearance?

Answer 11

The Magistrates Court

Question 12

If a child/young person is not granted bail where will s/he usually be ordered to go?

Answer 12

Young offenders institute or care of local authority

Question 13

Which one of the following statements is CORRECT?

[A] When a juvenile aged 15 years appears in the youth court, the court must order a parent to attend, unless it would be unreasonable to do so.

[B] Where a juvenile is being tried at the youth court and has attained the age of 15 years, the public may observe proceedings.

[C] There is an absolute ban on reporting any details which may identify any child or young person involved in a case in the youth court.

[D] All defendants under the age of 18 years will have their first appearance
in the youth court.

Answer 13

[A]

Question 14

Give THREE examples of how a youth court differs from an adult magistrates’ court.

Answer 14

The panel should be gender balanced
First names are used
Wigs and gowns are not worn
The public are not allowed access
There are reporting restrictions

Question 15

Other than when s/he is jointly charged with an adult, in what circumstances might a juvenile defendant appear in the Crown Court for trial and/or sentence?

Answer 15

When charged with homicide.
When charged with a specific s91 PCC(S)A offence
When charged with an offence which has a maximum sentence of 14 years or above and the Court believes a long sentence is likely
If the dangerousness provisions apply
If the youth is charged with a firearms offence