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Criminal Practice > 7. Youth Court procedure > Flashcards

7. Youth Court procedure Flashcards

1
Q

What is the role of the Youth Offending Team?

A

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

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2
Q

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

A

Under 16

16/17 is at court’s discretion

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3
Q

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

A

Lifelong reporting restrictions

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4
Q

What are the relevant reporting restrictions for defendants under 18?

A

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

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5
Q

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

A

Under 10

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6
Q

What constitutes a persistent young offender?

A

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)

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7
Q

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

A

14-17 inclusive

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8
Q

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

A

10-13 inclusive

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9
Q

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

A

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

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10
Q

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

A

Must be dealt with in adult magistrates’ court

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11
Q

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

A

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

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12
Q

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

A

Homicide offences

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

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13
Q

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

A

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

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14
Q

What constitutes a “grave” crime?

A

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

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15
Q

What constitutes a specified offence?

A

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

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16
Q

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

A

No - at youth court’s discretion only

17
Q

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

A
  1. On bail (with or without conditions)
  2. Into local authority accommodation
  3. If 17, into custody
18
Q

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

A

Into local authority accommodation, or to youth detention accommodation

19
Q

What is local authority accommodation?

A

Accommodation provided by or on behalf of an LA

20
Q

Where can 10-11 year olds be remanded?

A

On bail or to local authority accommodation

21
Q

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

A

Youth detention accommodation, if relevant conditions are met

22
Q

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

A
  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
23
Q

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

A

Key document with sentencing suggestions, prepared by YOT

24
Q

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

A

2/3rd

For younger children it would be an even higher reduction

25
Q

When must a referral order be made?

A

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

26
Q

What happens if a referral order is made?

A

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

27
Q

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

A

Equivalent of an adult generic community order

Can be for a period of up to 3 years

28
Q

When is a youth rehabilitation order NOT available?

A

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

29
Q

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

A

Youth Court - only type of custodial sentence available

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

30
Q

When should a detention and training order be imposed?

A

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

31
Q

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

A

If they are a PYO

32
Q

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

A

No restriction

33
Q

How long can a detention and training order be?

A

4 - 24 months

34
Q

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

A

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

35
Q

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

A

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

Criminal Practice (7 decks)

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