7. Youth Court procedure

Question 1

What is the role of the Youth Offending Team?

Answer 1

Responsible for coordinating the provision of youth justice services in their particular local area

Member of the YOT will attend each sitting in the youth court

YOT will assist with preparation of reports, investigating personal circumstances, providing support

Question 2

Under what age must a juvenile have a parent or guardian present?

Answer 2

Under 16

16/17 is at court’s discretion

Question 3

What are the relevant reporting restrictions for victims or witnesses under 18?

Answer 3

Lifelong reporting restrictions

Question 4

What are the relevant reporting restrictions for defendants under 18?

Answer 4

Restricted reporting which ends when they reach 18

Also s 49 Children and Young Persons Act allows lifting of reporting restrictions either to avoid injustice / if in public interest

Question 5

Under what age can children not be guilty of a criminal offence?

Answer 5

Under 10

Question 6

What constitutes a persistent young offender?

Answer 6

Juvenile who has been sentenced on three separate occasions for one or more recordable offences (i.e. any offence for which a juvenile may receive a custodial sentence)

Question 7

What age should the defendant be referred to as a “young person”?

Answer 7

14-17 inclusive

Question 8

What age should the defendant be referred to as a “child”?

Answer 8

10-13 inclusive

Question 9

What are some procedural differences between the youth court and adult magistrates’ court?

Answer 9

Witnesses “promise” rather than “swear”

Witnesses under 14 must give unsworn evidence

“Finding of guilt” rather than “conviction”

If a PYO, rather than issuing standard directions (as also done in adult cases), magistrate will issue revised directions to ensure expediated trial takes place

Question 10

If a defendant is 17 when charged but 18 on appearance, where would the case be heard?

Answer 10

Must be dealt with in adult magistrates’ court

Question 11

If a defendant becomes 18 whilst a case is ongoing in the youth court, where must the case finish being heard?

Answer 11

Youth court may either remit to case to the adult magistrates’ court or retain the case

Question 12

What are the two types of offences for which a juvenile must be sent to the Crown Court?

Answer 12

Homicide offences

Firearms offences (where juvenile has attained 16 at time of alleged offence)

Question 13

What are the three situations in which a juvenile may be sent to the Crown Court?

Answer 13

Grave crimes

Specified offences

Jointly charged with an adult, and their case it to be heard in Crown Court - if adult’s case is to be in adult’s magistrates’ court, then juvenile will also be heard there

Question 14

What constitutes a “grave” crime?

Answer 14

Offences for which an offender aged 21 years or over may receive a custodial sentence of 14 years or more (such as robbery, rape, assault by penetration, s 18 GBH), together with a number of specific sexual offences, including sexual assault

Question 15

What constitutes a specified offence?

Answer 15

Offence of violence or sexual offences, but only where the juvenile can properly be regarded as a “dangerous offender”

Question 16

In cases which may be sent to the Crown Court, does a juvenile have any right of election?

Answer 16

No - at youth court’s discretion only

Question 17

What are the powers that the youth court has to remand juveniles?

Answer 17

1. On bail (with or without conditions)
2. Into local authority accommodation
3. If 17, into custody

Question 18

If bail is refused, where may a juvenile be remanded?

Answer 18

Into local authority accommodation, or to youth detention accommodation

Question 19

What is local authority accommodation?

Answer 19

Accommodation provided by or on behalf of an LA

Question 20

Where can 10-11 year olds be remanded?

Answer 20

On bail or to local authority accommodation

Question 21

If a juvenile reaches age 12 during remand, when can they be remanded following next court appearance?

Answer 21

Youth detention accommodation, if relevant conditions are met

Question 22

What are the 4 conditions for a juvenile to be remanded in youth detention accommodation?

Answer 22

1. Must be 12-17
2. Must have legal representation
3. Offence must be violent / sexual offence which adult could be imprisoned for 14+ years OR recent and significant history of absconding LA accommodation or youth detention accommodation
4. Court must believe remand to youth detention necessary to protect the public from death or serious personal injury

Question 23

What is the pre-sentence report and who is it prepared by?

Answer 23

Key document with sentencing suggestions, prepared by YOT

Question 24

What reduction should be applied on the starting point of the sentence for juveniles aged 15-17?

Answer 24

2/3rd

For younger children it would be an even higher reduction

Question 25

When must a referral order be made?

Answer 25

When a juvenile (who has never previously been convicted) pleads guilty to an offence which carries a possible custodial sentence Unless court believes they should receive a discharge, fine, or Detention and Training Order

Question 26

What happens if a referral order is made?

Answer 26

Juvenile will be referred to a “youth offender panel” which comprises a member of the YOT and 2 community volunteers Panel will agree a “youth offender contract” which is a programme of behaviour designed to prevent re-offending

Question 27

What is a youth rehabilitation order, and how long can it be?

Answer 27

Equivalent of an adult generic community order Can be for a period of up to 3 years

Question 28

When is a youth rehabilitation order NOT available?

Answer 28

When the youth defendant has pleaded guilty and has no previous convictions

Question 29

Which court can enforce a detention and training order and when?

Answer 29

Youth Court - only type of custodial sentence available Crown Court - only type of custodial sentence available UNLESS a grave crime

Question 30

When should a detention and training order be imposed?

Answer 30

If court is of the opinion that the offence (or combo of the offences) is so serious that neither a fine alone nor a community sentence can be justified for the offence

Question 31

When can a juvenile 12-14 be sentenced to a detention and training order?

Answer 31

If they are a PYO

Question 32

When can a juvenile 15 and over be sentenced to a detention and training order?

Answer 32

No restriction

Question 33

How long can a detention and training order be?

Answer 33

4 - 24 months

Question 34

Where will a juvenile be held during a detention and training order?

Answer 34

In detention in young offender institution for one half of the period of the order Released into the community under supervision of the YOT for second half of the order

Question 35

What requirements are there from the YOT for a detention and training order to be imposed?

Answer 35

Must have specifically addressed a custody order as a possible sentencing option in the pre-sentence report