👩🏽‍⚖️CLP 7: Youth Court

Question 1

Aims of youth justice system

Answer 1

Principle aim: prevent offending by children and young persons
Also protect welfare of juveniles

Question 2

What is the Youth Offending Team (YOT)

Answer 2

Responsible for coordinating provision of youth justice services in their area
Member will attend each siting of youth court
Will assist court with:
□ Investigating personal circumstances/prev convictions
□ Support during bail
□ Preparing pre-sentence reports
□ Administering non-custodial sentences

Question 3

When MUST/MAY parents/guardian accompany a juvenile

Answer 3

If child under 16, MUST accompany for each stage of proceedings unless court satisfied it would be unreasonable
16-17-court has discretion

Question 4

Will the court want to hear parents/guardians views in relation to sentencing?

Answer 4

Yes

Question 5

7

Who is allowed in the youth court

Answer 5

1. district judge/ youth justices
2. court staff (eg clerk and usher)
3. juvenile and their parents or guardian
4. CPS representative
5. juvenile’s solicitor
6. representative from the YOT
7. press (subject to reporting restrictions)

Question 6

What reporting restrictions are the press subject to in the youth court

Answer 6

CANNOT report:
□ Name
□ Address
□ School
□ Other details likely to lead to identification of juvenile/other young person in proceedings

Question 7

When does reporting restrictions for juveniles lift?

Answer 7

Ends automatically when turn 18 BUTCourt can impose lifelong reporting restriction if under 18 during proceedings

Question 8

Can the court lift the reporting restrictions?

Answer 8

Yes to
□ Avoid injustice
□ OR following conviction if court satisfied its in the public interest to reveal identity
□NOT to be used as extra punishment

Question 9

How is legal aid applied for?

Answer 9

Apply for representation order same as adults:
□ Interests of justice test-same plus take into account age of juvenile
□Means test-all u18s automatically satisfy

Question 10

Age of criminal responsibility

Answer 10

10

Question 11

Where is the Youth Court and who sits in it?

Answer 11

Part of magistrates system
○ District judge
○ OR bench of youth justices (trained magistrates)

Question 12

What is a ‘child’?
What is a ‘young person”?
What is a juvenile?

Answer 12

Child-10-13
Young person 14-17
Juvenile:10-17 (child +young ppl collectively)

Question 13

What is the difference between who is a ‘juvenile’ at the police station vs Youth court

Answer 13

Police station: is, or appears to be, under 18
Youth court: is under 18

Question 14

What is a ‘persistent young offender’ (PYO)

Answer 14

A juveniles who has been sentences on 3 separate occasions for on or more recordable offences (offence capable of custodial sentence)

Question 15

What is the effect of being a ‘persistent young offender’ (PYO)

Answer 15

Will have case expedited (so happens asap)

Question 16

What are differences in practicalities in youth court?

Answer 16

○ All participants sit on same level
○ D in front of CPS rep/own sol in full view of magistrates
○ Solicitors remain seated when addressing court
○Child witness under 14 gives unsworn evidence (same in adult mag court)

Question 17

What are differences in terminology in youth court?

Answer 17

○ D addressed by first name
○ straightforward language not legal terminology
○ Witnesses ‘promise’ not ‘swear’ to tell the truth
○ ‘finding of guilt’ not ‘conviction’
○ ‘order upon a finding of guilt’ not sentence.

Question 18

How is the procedure and appeals different in the youth court

Answer 18

its not

Question 19

Starting point assumption for where juveniles trial takes place

Answer 19

In YC

Question 20

Where will the trial take place if charged when 17 and turn 18 before 1st appearance?

Answer 20

must send to MC

Question 21

Where will the trial take place if makes 1st appearance when 17 and turn 18 when case ongoing?

Answer 21

YC can remit to adult MC OR retain case (will have same sentencing powers as MC)

Question 22

When MUST a juvenile be sent to the CC?

Answer 22

• Homicide
• Firearms offences if 16 at time of offence

Question 23

When MAY juveniles be sent to the CC

Answer 23

Grave crimes: if sentencing power insufficient

Specified offences: (violence/sexual offence) if juvenile dangerous offender (eg. automatic/discretionary life/extended sentence

Jointly charged with adult:
Adult in CC=J sent to CC if necessary in interests of justice
Adult in MC=both tried in MC, magistrates usually remit to YC for sentence unless propose to use fine/discharge

Question 24

What is a grave crime?

Answer 24

Crimes where an offender over 21 may receive custodial sentence over 14y MAX (rape, robbery, assault by penetration, s18, sexual assault)

Question 25

What procedure for plea before venue and allocation takes place where court MAY send juveniles to CC

Answer 25

Asked to indicate plea: **NG** -similar allocation to MC for either way offence (YC will only decline jurisdiction and send to CC if they believe their sentencing powers inadequate) **GUILTY**-YC will sentence or send to CC for sentence if believe sentencing powers inaccurate

Question 26

Does a juvenile whos case MAY be sent to the CC have the right of election of a CC trial?

Answer 26

no

Question 27

How can YC remand a juvenile?

Answer 27

(a) on bail (with or without conditions) (b) into local authority accommodation or (c) for 17- year- olds, into custody

Question 28

What will the YC have to consider when deciding whether to grant bail

Answer 28

Report from YOT with details of juveniles: ○ Background ○ prev convictions ○ Home situation ○ Attendance at school/college/work

Question 29

If bail is refused, where may the juvenile be remanded to?

Answer 29

a. Local authority accommodation b. Youth detention accommodation

Question 30

What is local authority accommodation

Answer 30

accom provided for/on behalf of LA, sometimes inc. returning home but under care of LA

Question 31

Who MUST be remanded to LA accom and cant be remanded in youth detention accommodation?

Answer 31

10-11yo If turns 12 during course of remand, possible they may be remanded to youth detention accommodation at next court appearance

Question 32

What is the starting point for where a juvenile will be remanded?

Answer 32

presumption that 12-17yo will be remanded into local authority accom (consider best interests and welfare of child )

Question 33

What conditions must be met before a juvenile can be remanded to YDA?

Answer 33

1. MUST be 12-17 2. Must usually have legal rep 3. Offence must be a. Violent OR sexual OR adult could get 14y prison AND its v likely child will get custodial sentence b. recent and significant history of absconding in LA accom/YDA c. recent and significant history of committing imprisonable offences on bail/remand 4. Court must believe its necessary to: a. Protect public from death or PI (physical/psychological) from further offences c. prevent commission of further imprisonable offences AND the risk posed by the child cant be managed satisfactorily in the community

Question 34

When sentencing, what must the court balance and have in mind?

Answer 34

Balance seriousness of the offence (previous record) with the welfare requirements of the juvenile ALWAYS have in mind principle aims of youth justice system

Question 35

Procedure for sentencing

Answer 35

○ CPS rep gives facts (if plead guilty) ○ J sol plea in mitigation ○ probs want to hear from parents/guardian ○ Obtain Pre sentence report from YOT before sentence (court may indicte sentence in mind so will assess juveniles suitability for that type of offence)

Question 36

If a pre sentence report needs to be obtained, how can this be done?

Answer 36

□ YC may adjourn to prep report □ OR ask member of YOT in court to prep a 'stand down' report to sentencing can take place without adjournment

Question 37

# 5 What facts may diminish a juveniles culpability?

Answer 37

1. Unlikely to have same experience 2. Don’t have same capacity to understand actions 3. Less able to resist temptation (esp peer pressure) 4. Inherently more vulnerable 5. more likey to act on impulse and adolescence=experimentation

Question 38

What types of sentences may be made

Answer 38

1. Referral orders 2. Youth rehabilitation orders (YRO) 3. Detention and training orders (last resort)

Question 39

What is a referral order

Answer 39

□ Juvenile referred to youth offender panel composing of member of YOT and 2 community volunteers □ Panel will speak to juvenile and fam with view to: (a) stop further offending; (b) help J right the wrong to V (c) helpJ with any problems □ Youth offender contract will be agreed (is a programme of behaviour designed to prevent juvenile re-offending)

Question 40

How long will a youth offender contract (in a referral order) last?

Answer 40

3-12mo

Question 41

When MUST a referral order be made?

Answer 41

1. D pleads guilty 2. Offence has possible custodial sentence 3. No previous convictions

Question 42

What is a youth rehabilitation order (YRO) and how long do they last?

Answer 42

Equivalent of a generic community order for adults Court can inc requirements to achieve: -Punishment -Protection of public -Reduction in re-offending and reparation For period of up to 3y

Question 43

When is the ONLY time a detention and training order can be imposed?

Answer 43

1. Offence (or combo) so serious, neither a fine or community sentence can be justified 2. Received a pre sentence from YOT which specifically addresses custody as an option 3. Age 12-14-only Js a persistent young offender 15 and over-no restriction

Question 44

How long can a detention and training order be?

Answer 44

Min 4mo, max 24mo Must be the shortest period of time the court considers commensurate with the seriousness of the offence (or combination of offences)

Question 45

Where will a detention and training order take place?

Answer 45

will be held in young offender institution for half of period then released into community under supervision for second half

Question 46

Can the youth court impose a fine on a youth?

Answer 46

Yes but if under 16, must order it is paid by the parents

Question 47

is a referral order avaliable if the D has previous convictions?

Answer 47

No

Question 48

How does age affect if the court can impose a detention and training order?

Answer 48

*10-11-CANT *12-14-only persistent young offender *15 and over-no restriction

Question 49

When will a youth be considered a dangerous offender?

Answer 49

◊ Automatic life imprisonment ◊ Discretionary life imprisonment ◊ Extended sentence