6.5 Youths - court procedure

Question 1

How are juveniles tried?.

Answer 1

Section 24(1) MCA
Persons under 18 are to be tried summarily [subject to exceptions, mainly homicide and firearms].

This includes offences that would be indictable for adults.

Question 2

For what offences will a youth always be tried in adult court?

Answer 2

1.
Homicide;
2.
Certain mandatory minimum offences.

Question 3

When may a juvenile be tried in adult court?

Answer 3

1.
Grave crimes;
2.
Where D is a dangerous offender;
3.
Alongside an adult.

Question 4

Where will a juvenile have her first hearing?

Answer 4

In the Youth Court, unless
1.
She is jointly charged with an adult;
2.
She is charged with being an accessory to an adult’s principal offence;
3.
An adult is charged with being an accessory to the juvenile’s principal offence;
4.
She is charged with an offence arising out of the same circumstances as, or connected with, an offence with which an adult is charged.

Question 5

Does a juvenile have the right to elect trial by jury?

Answer 5

No but she can make representations at the plea before venue. (Section 24A MCA)

Question 6

When must a juvenile be tried in the Crown Court?

Answer 6

1.
Homicide;
2.
Firearms.

Question 7

What is a plea before venue hearing?

Answer 7

A hearing to decide allocation

Question 8

When can the plea before venue procedure proceed in the juvenile defendant’s absence?

Answer 8

Section 24B MCA
Where
1.
D is legally represented;
2.
It is not practicable to proceed in D's presence because of D's disorderly conduct; and
3.
The court considers it should do so.

The legal representative will be invited to enter a plea on D’s behalf.

Question 9

What is the normal procedure at a plea before venue hearing?

Answer 9

1.
Invite D to plea indicate a plea, and explain the consequences to D;
2a.
Guilty - proceed to sentence or commit to the Crown Court for sentence;
2b.
Not guilty - determine allocation;
(i)
Based on the likely sentence and type of offence if D is charged alone;
(ii)
Based on the interests of justice if D is charged along with an adult.

Question 10

What is a “grave crime”?

Answer 10

Section 91 PCC(S)A
1.
Any offence that carries a 14+ year sentence for an adult; or
2.
Various especially serious sexual offences;
3.
The Youth Court’s maximum sentencing power of 2 years would be insufficient;
4.
The Crown Court can then impose any sentence available for an adult offender.

Question 11

When can a juvenile be sent to the Crown Court for a grave crime?

Answer 11

Section 51A(3) CDA 1998
For trial where it "ought it to be possible" to sentence her to 2+ years.

Section 3B PCC(S)A
On summary conviction of a grave crime.

Question 12

What happens at allocation where D is charged with multiple offences, some of which are grave crimes?

Answer 12

AM (1998) 1 WLR 363
The Youth Court can consider the likely sentences for the grave and non-grave crimes when considering whether its sentencing powers would be sufficient for the totality.

However, the Crown Court may only sentence for extended periods in relation to the grave crimes.

Question 13

What is consequence at allocation for juveniles considered “dangerous”?

Answer 13

Section 51A(2) CDA 1998
... the court shall send him forthwith to the Crown Court for trial for the offence.

Question 14

What are the criteria of dangerousness?

Answer 14

1.
It is a specified offence listed in Schedule 15 CJA 2003; and
2.
It meets the criteria for an extended sentence under s.226B CJA.

Question 15

What are the criteria for an extended sentence under s.226B CJA (dangerous offenders)?

Answer 15

Section 226B(1)(b) CJA
(b)
the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences
(d)
if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.

Question 16

What is the CPS Guidance on when to commit a dangerous offender juvenile for trial?

Answer 16

Try to avoid it because you can always commit for sentence.

Only commit for trial where -
(a)
There is sufficient information to show that D is dangerous; and
(b)
It is in the interests of justice to try her on indictment.

Question 17

How long can sentences be extended if D is a dangerous offender?

Answer 17

1.
At least one year (s.226B(5A) PCC(S)A);
2.
At most -
Five years for a violent offence;
Eight years for a sexual offence;
(s.226B(6) PCC(S)A)
3.
The term of the extended sentence must not exceed the adult maximum (s.226B(7) PCC(S)A)

Question 18

What is the test to decide whether a juvenile D should be tried in the Crown Court alongside an adult D?

Answer 18

Section 51(7) CDA
where it is "necessary and in the interests of justice"

Question 19

When can juvenile D be sent to the Crown Court for trial for summary only offences?

Answer 19

Section 51(8) and (11) CDA 1998
Where the summary only offences are related to indictable offences for which juvenile D is being committed for trial alongside adult D, *and* the summary-only offences are punishable by prison or disqualification from driving.

Question 20

What should the court consider in deciding whether to commit juvenile D for trial alongside adult D?

Answer 20

R (DPP) v East Surrey Youth Court (Ghambari) [2005] EWHC 2929 (Admin)
1.
Risk of injustice including to witnesses;
2.
D's age;
3.
The age gap;
4.
D's lack of maturity;
5.
Relative culpability;
6.
D's antecedent history.

Question 21

Can juvenile be remitted to the Youth Court after committal to the Crown Court?

Answer 21

R v W (A Minor) v Leeds Crown Court [2012] 1 Cr App R 162

Nope

Question 22

Can a juvenile D be remitted to the Youth Court after appearing in the magistrates court with adult D?

Answer 22

Section 29(2) MCA
Yes if adult D pleads guilty or if adult D is committed for trial but youth D is not dangerous or grave.

Question 23

When must juvenile D be tried in the adult magistrates court?

Answer 23

Where charged as a joint principal with adult D and the adult D is tried summarily.

Question 24

When is trying juvenile D in the adult magistrates court at the court’s discretion?

Answer 24

1.
Complicity cases;
2.
Different offences arising out of the same facts

Question 25

When will the adult magistrates court remit juvenile D to the youth court for sentence?

Answer 25

Section 8(6) PCC(S)A
The adult court will remit for sentence where if it does not have appropriate sentencing powers. 

Section 8(8) PCC(S)A
Powers of the adult magistrates court to sentence young offenders
(a)
Absolute or conditional discharge
(b)
Fine
(c)
Ordering the parent to promise to take proper care and control

Section 16(1) PCC(S)A
Referrral order