Criminal Practice- Youth Court Flashcards
(23 cards)
What is the basic procedure for trial in the youth court (5)?
- Plea hearing:
- The child or young person (10–17) enters a plea (guilty or not guilty).
- Trial preparation:
- If not guilty, a case management hearing may be held to organise the trial (witnesses, evidence, timetable).
- Trial day:
- Prosecution opens the case — summarises the allegations and calls witnesses.
- Prosecution witnesses give evidence — they are examined, cross-examined by defence, and re-examined.
- Defence case — the defence may call witnesses, including the defendant, who will be cross-examined.
- Closing speeches — prosecution then defence summarise their cases.
- Verdict:
- The magistrates (or District Judge sitting alone) retire and decide if the charge is proved beyond reasonable doubt.
- Sentence (if convicted):
- Either immediately or after an adjournment for reports (e.g., pre-sentence report).
Key points:
- Youth Court is less formal than adult courts (e.g., no dock, everyone sits at the same level).
- Public access is restricted for privacy.
- Special measures can apply for vulnerable witnesses.
What are the Principal Aims of the Youth Justice System
- Crime and Disorder Act 1998, s.37(1): Prevent offending by children and young persons.
- Welfare-focused, prioritising rehabilitation over punishment.
- All court participants (inc. solicitors) must promote this aim.
What is the Role of the Youth Offending Team (YOT)
Multi-agency team: probation, police, social services, education, health.
At court, Youth Offending Team:
- Investigates background/family and prior convictions.
- Supports bail compliance.
- Prepares pre-sentence reports (PSRs).
- Oversees community sentences like Youth Rehabilitation Orders.
What is Role of Parents/Guardians in Youth Court trials?
Under 16s: Must attend unless unreasonable.
Aged 16–17: Court decides if attendance is necessary.
Expected to:
- Answer court questions.
- Offer views during sentencing.
- Support rehabilitation aims.
What are the Reporting Restrictions in Youth Court?
Public excluded; press allowed but must not name the juvenile.
s.49 CYPA 1933: Automatic anonymity for under-18s.
Can be lifted if:
- Justice requires.
- Post-conviction public interest (e.g., prolific offenders).
s.78 CJCA 2015: Lifelong anonymity for victims/witnesses under 18.
Do Juveniles qualify for legal aid?
- Governed by Legal Aid Agency.
- Interests of Justice Test applies.
- All juveniles automatically qualify for legal aid, regardless of means.
What is Youth Court Jurisdiction?
Hears cases of 10–17-year-olds.
Heard by:
- District judge or
- Bench of trained youth magistrates.
Age of criminal responsibility: 10.
Terminology:
- Children = 10–13.
- Young people = 14–17.
Persistent Young Offenders: 3+ prior recordable offence sentences → prioritised for trial.
What is a Persistent Young Offender (PYO)?
**PYO Definition: **
- A juvenile who has been sentenced on at least three separate occasions for recordable offences.
Purpose: Enables the courts to:
- Prioritise case handling (expedited proceedings).
- Access stricter bail/detention options.
- Impose certain sentences (e.g., DTO for 12–14 year olds).
Used to justify:
- Speedier court procedures.
- Harsher bail/remand conditions.
- Early progression to custodial sentences where appropriate.
What are some Procedural Differences from Adult Magistrates’ Court?
- Informal layout (no dock, participants at same level).
- Plain language and first names used.
- Solicitors stay seated when speaking.
- Unsworn evidence for under 14s.
- Juvenile is “found guilty”, not “convicted”.
What is the Court Procedure for Trial in Youth Court?
Mostly mirrors adult magistrates’ court.
Pre-trial directions and case management.
Trial process:
- Prosecution case and witnesses.
- Defence case and witnesses.
- Closing submissions.
- Magistrates decide guilt.
- Sentencing (or adjourn for PSR).
Where is a youth tried if they turn 18 during the proceedings?
Before first hearing:
- Youth tried in adult magistrates’ court.
During proceedings:
- Court may retain youth jurisdiction but apply adult sentencing.
- Or remit case to adult magistrates’ court.
Crown Court Trial – When Youth Court Must or May Decline Jurisdiction
Must send to Crown Court:
- Homicide offences.
- Firearms offences (if 16+).
- Grave crimes (14+ years for adults, e.g., robbery, rape, s.18 GBH):
Youth court may retain or send to Crown Court if longer sentence needed.
Specified dangerous offences: If life sentence or extended sentence possible.
Joint charge with adult:
- If adult in Crown Court → youth may also be sent.
- If adult in magistrates’ court → youth usually sentenced separately in youth court.
What is the Plea Before Venue & Allocation for Juveniles whose cases may be sent to the crown court?
Applies if youth may be sent to Crown Court.
Guilty plea: Youth court may sentence or commit to Crown Court.
Not guilty: Youth court decides on jurisdiction.
- Must retain if sentencing powers (max DTO: 24 months) are adequate.
Juveniles cannot elect Crown Court trial.
What are some Bail Options available for Juveniles?
1. Unconditional Bail
- The youth is released without restrictions.
- Must attend all future court hearings.
2. Conditional Bail
The court imposes conditions to ensure:
- Attendance at court,
- Prevention of further offences,
- Protection of the public or victims.
Examples of conditions:
- Curfew,
- Residence requirement,
- Reporting to a police station,
- No contact with witnesses.
3. Bail to Local Authority
- Accommodation (LAA)
- Available where the youth is refused bail but does not meet the criteria for secure remand.
- The youth is placed by the local authority in non-secure accommodation (e.g. foster care or a children’s home).
- The court retains the power to attach conditions to the placement.
- LAA is non-secure — the child is not physically detained.
4. Remand to Youth Detention Accommodation (YDA)
Applies if:
- The youth is aged 12–14, is a persistent young offender, and is charged with a grave crime, or
- The youth is aged 15–17, and custody is justified.
The youth is detained securely in one of:
- A Secure Children’s Home (SCH),
- A Secure Training Centre (STC),
- A Young Offender Institution (YOI).
The Youth Custody Service decides the type of secure placement.
If bail is refused what are the types of remand available for juveniles?
(a) Local Authority Accommodation:
- For juveniles aged 10–11 or if DTO conditions unmet.
- May involve returning home under supervision.
(b) Youth Detention Accommodation (for 12–17s) – All 4 conditions must be met:
- Age 12–17.
- Legal representation.
- Serious offence/history of absconding/reoffending.
- Detention necessary to protect public/prevent further offending.
What is the Sentencing Procedure in Youth Court?
- CPS outlines offence facts.
- Defence provides mitigation.
- Parents/guardians may give input.
- Pre-Sentence Report (PSR) from YOT usually required unless waived.
- Court considers report, mitigation, and guidelines.
What are the Youth Sentencing Principles (per Sentencing Council)
Key aims:
- Prevent reoffending.
- Promote welfare.
- Take account of age and maturity.
- Custody only as last resort.
- Avoid unnecessary criminalisation.
Factors considered:
- Seriousness (culpability + harm).
- Aggravating/mitigating factors.
- Risk of reoffending and harm.
- Peer pressure, impulsiveness, family background.
What are Referral Orders?
A referral order is a community sentence available only for young offenders (aged 10–17) who plead guilty to at least one offence and do not receive a custodial sentence. It requires the child to be referred to a Youth Offender Panel (YOP), which creates a contract aimed at rehabilitating the child and repairing harm done to the victim.
Key features:
- Mandatory for first-time offenders who plead guilty and are not given custody or an absolute discharge.
- Discretionary if the child has previous convictions, provided they plead guilty.
- The court must consider a pre-sentence report (PSR) before making the order.
- The length of the referral order is between 3 and 12 months.
The child must attend the YOP and agree to a contract, which can include:
- Reparation to the victim or community, whilst a referral order cannot include formal “community service” (i.e. unpaid work) it can include elements that resemble community service, such as: Voluntary work in the community OR Reparative activities (e.g. litter picking, helping at a charity shop)
- Participation in programmes (e.g. education, drug counselling)
- Parental involvement (with a parenting contract/order, if necessary)
What is youth Rehabilitation Orders (YROs) and some example requirments?
A Youth Rehabilitation Order (YRO) is a flexible community sentence for 10–17-year-olds under Criminal Justice and Immigration Act 2008.
Key points:
- Used where a community sentence threshold is met
- Requires a pre-sentence report
- Can last up to 3 years
- Can include one or more of 18 requirements
Examples of requirements:
- Unpaid work (16–17 only)
- Curfew (with tagging)
- Supervision
- Education or programme attendance
- Prohibited activity- banning child from doing a certain activity like entering a shop/area, associating with certain people, using public transport at night
- Intensive supervision and surveillance (ISS)
- Drug/alcohol treatment
Breach can lead to a harsher sentence, including custody.
What are the key differences between a Referral Order and a Youth Rehabilitation Order (YRO)?
Referral Order:
- Must plead guilty (usually first-time offenders)
- Mandatory if first offence and non-custodial
- One-time referral to Youth Offender Panel
- Duration: 3–12 months
- Involves a contract (rehabilitation and reparation)
- Breach returns child to court
Youth Rehabilitation Order (YRO):
- Can be used even if not first offence
- Always discretionary
- Community sentence with 18 possible requirements
- Duration: up to 3 years
- Tailored to risks and needs (e.g. supervision, curfew, unpaid work)
- Breach can lead to tougher penalties or custody
What is a Detention and Training Orders (DTOs)
Only custodial sentence youth court can impose.
Criteria:
- Offence too serious for fine or YRO.
- YRO with intensive supervision is inappropriate.
- PSR must recommend custody.
Age limits:
- 10–11: Cannot receive DTO.
- 12–14: Only if a Persistent Young Offender.
- 15+: No restriction.
Duration: 4–24 months.
- First half in custody.
- Second half under YOT supervision in community.
- Breach of terms can lead to further punishment.
They are held in youth detention accommodation, which could be:
- A Young Offender Institution (YOI) (for older youths, usually 15–17)
- A Secure Training Centre (STC)
- A Secure Children’s Home (SCH) (for younger or more vulnerable children)
What is the procedure for an appeal from the Youth Court to Crown Court?
1. Appeal to the Crown Court (CrimPR 34):
- For: Conviction after trial or sentence after guilty plea or conviction.
- Heard by: Crown Court judge + 2 lay magistrates (not involved in original decision).
- Rehearing de novo.
Time limit:
- 15 business days from sentence (or from date of finding of guilt if appealing conviction).
Crown Court can:
- Quash or uphold conviction.
- Substitute a different verdict.
- Vary, quash or substitute the sentence (within youth court powers).
What is the procedure for an appeals from the Youth Court (by Case Stated) to the High Court?
For:
- Errors of law or jurisdiction.
- Must ask youth court to state a case.
Time limit:
- Apply within 21 days of the decision.
- High Court can affirm, reverse, amend, or remit the decision.
