7. Youth Court Procedure Flashcards
(43 cards)
What are the Youth Court’s options if a defendant turns 18 during the course of proceedings, and in any event what is available?
Youth Court can decide whether to retain jurisdiction, or remit the case to the Magistrates.
In any event, the full range of sentencing options available in the adult court will be available upon conviction.
What are three types of offences for which a youth must be sent to the Crown Court for trial?
- Murder, attempted murder, manslaughter
- Firearm and weapons offences subject to fixed-terms custodial sentences under s.309.
When the youth court has determined that the offence is a grave crime, what is the test when proceeding with allocation ?
Whether youth courts’ sentencing powers would be adequate.
* A sentence substantially in excess of two years is appropriate.
* Requires a real prospect of it
What occurs where a youth is charged jointly with an adult who is being tried in (1) the Crown Court and (2) the Magistrates Court?
- Crown: Youth sent there for trial
- Magistrates: Youth tried alongside the adult
What is a referral order?
An order referring the defendant to the Youth Offenders Panel, who will meet the youth and agree on a programme of behavior.
When must a referral order be made?
Defendant pleads guilty to imprisonable offence and has not been convicted of an imprisonable offence before
When may a referral order be made?
Defendant pleads guilty to some but not all offences, or if they’ve already received a referral order
When can a referral order not be made?
Defendant pleads not guilty and is convicted at trial
What is a detention and training order?
The name given to the custodial sentence imposed by the Youth Court
When can a youth not be sentenced to a DTO?
10 and 11
What conditions are required to justify sentencing a defendant age 15-17 to a DTO?
The case is so serious that only a custodial sentence is justified
What three offences will be sent ‘forthwith’ to the Crown Court, without an indication of plea being taken in the Youth Court?
1) Homicide offence
2) Firearm offence carrying an imprisonment sentence = min 3 years
- only available if D was 16+
3) Notice by the prosecution in complex fraud/cases involving children.
What offence ‘may’ be sent to the Crown Court without an indication of plea being taken in the Youth Court?
Dangerous offenders
- where D is charged with a specified offence (on spec - wounding, manslaughter, robbery);
- court considers them to be a ‘dangerous offender’; AND
- custodial term of at least 4 years would be imposed for the offence.
note - overlap w/ grave crimes, so both can be relevant.
How does the court determine whether a youth defendant falls within the ‘dangerous offender’ category?
Must be satisfied that youth poses a ‘significant risk’ to the public in committing further specified offences.
- more than a “mere possibility.’
note- courts are wary to rely on this provision, as oftentimes it is hard to determine whether this is the case @ first hearing. To be on the safe side, prefer to retain jurisdiction, and then commit for sentencing if needed.
Where a defendant falls both under the ‘grave’ crime and ‘dangerous offender’ exceptions, which of the two should be considered first?
Dangerousness (based on CPS guidance)
For grave crimes, is the youth court required to hold a plea before venue?
Yes - ‘must’ even if it intends on sending case to C.C.
What offences constitute ‘grave’ crimes?
Serious offences that carry a sentence of 14 years or more for an adult offender.
ON SPEC
- Robbery
- s.18 OAPA
- Aggravated criminal damage
- Arson/aggravated arson
- Aggravated Burglary (3 cases where it becomes indictable-only).
What is the maximum prison term a young offender can be subject to in the Youth Court?
1) Max prison term = 24 months
- explains the test for ‘grave’ crimes.
2) no power to sentence a child aged 10-11 yrs old to detention.
3) Between ages of 12-14 yrs old can only be sentenced to detention if categorised as a ‘Persistent Young Offender (PYO)’
- only recourse for Youth Court if it believes youth should be imprisoned at an earlier age or for more time is to send case to C.C.
Where a defendant turns 18 before their first hearing, does the Youth Court still have jurisdiction?
No
Where a defendant is 17 at their first hearing, but turns 18 before trial, does the Youth Court still have jurisdiction?
Yes, but has discretion to remit case to adult magistrates court if it wishes.
If the the defendant turns 18 during trial, does the Youth Court still have jurisdiction?
Yes, but can later remit to adult magistrates court for sentencing.
Where an adult is committed to the Crown Court for trial, and the jointly charged youth pleads not guilty, what factors will the court consider in allocating the youth?
Adult Mags determines whether it is in the interests of justice to send youth to C.C alongside adult.
Factors
(A Giant Owl Always Remembers Law)
1. *A** separate trial will cause injustice to witness/case generally.
2. Giant - Gap (Age gap between adult and youth).
3. Owl - Offence (Relative culpability and level of involvement in the offence).
4. Always - Age (Age of the youth - if younger, weighs in favour of remitting case to Y.C.).
5. Remembers - Relative culpability (Relative culpability and level of involvement in the offence).
6. Law - Lack (Lack of previous convictions).
Where a jointly charged adult pleads not guilty, and is due to be tried in the Magistrates Court, where will their youth co-defendant be tried?
‘Must’ be tried in adult magistrates court.
- no discretion - this makes sense given that trial in adult mags also follows a ‘summary’ procedure.
Discretion (‘may’) where:
* youth is charged with aiding/abetting an adult, or
* offence arises out of the same circumstances
Where the adult offender pleads guilty in the Magistrates Court, and the jointly charged youth pleads not guilty, where will they be tried?
adult mags may still retain jurisdiction to try, but generally chose to remit back to Y.C.
- where case attracts a mandatory referral order, adult mags should remit case to Y.C.
