Topic 17 - Youths Flashcards
(127 cards)
1
Q
What is the age range that defines a ‘youth’ in the criminal justice system?
A
A youth is defined as a person aged 10 to 17 years old
The term ‘youth’ is used throughout the text to refer to offenders aged 17 and under.
2
Q
What are the two specific aims of the youth justice system?
A
- To prevent children and young people from offending (s. 37 CDA 1998)
- To have regard to the welfare of the child or young person (s. 44 CYPA 1933)
3
Q
What is the presumption regarding children under the age of 10 in the criminal justice system?
A
Children under the age of 10 cannot be guilty of an offence.
4
Q
Define ‘juvenile’ in the context of the youth justice system.
A
A person who is under the age of 18.
5
Q
What does the term ‘persistent young offender’ (PYO) refer to?
A
A young person convicted of imprisonable offences on at least 3 occasions in the past 12 months.
6
Q
What is the primary court for trying youths?
A
The youth court.
7
Q
What type of trial do youth courts conduct?
A
Summary trials.
8
Q
Who can preside over a youth court?
A
- District Judge sitting alone
- Not more than three magistrates
9
Q
What is required of magistrates and District Judges in youth courts?
A
They must undergo specialist training.
10
Q
What are the reporting restrictions in youth courts?
A
Reporting restrictions apply automatically and can only be lifted in rare cases.
11
Q
Who is allowed to be present in a youth court?
A
- Members and officials of the court
- Parties to the case and their legal representatives
- Witnesses and persons directly concerned
- Bona fide representatives of newspapers
- Other persons authorized by the court
12
Q
What is the role of a parent or guardian in youth court proceedings for an accused under 16?
A
A parent or guardian must attend with the youth at all stages of the proceedings.
13
Q
True or False: Youth court proceedings are more formal than adult magistrates’ courts.
A
False.
14
Q
Fill in the blank: A child is defined as a person under the age of _______.
A
14 years old.
15
Q
What is the significance of a youth’s age at their first court appearance?
A
It determines whether they will be treated as a youth or an adult.
16
Q
What are some alternatives to prosecution available for youths?
A
- No further action
- Community Resolution
- Youth Caution
- Youth Conditional Caution
17
Q
What does the term ‘young person’ refer to according to the Children and Young Persons Act 1933?
A
A person aged between 14 and 17 (inclusive).
18
Q
What happens if a young person turns 18 before their first court appearance?
A
They will appear before the adult magistrates’ court.
19
Q
What is the preferred method of communication in youth courts?
A
Magistrates prefer to talk directly with the defendants and their parents.
20
Q
What is the purpose of out of court disposals for youths?
A
To reduce the risk of further offending and serve as a proportionate response to the crime.
21
Q
What must the court do if there is uncertainty about an offender’s age?
A
The court is required to determine the issue and may call evidence.
22
Q
List the potential appeals from the Youth Court.
A
- The Crown Court (as an appeal court)
- The High Court (Queens Bench Division) for case stated and judicial review
23
Q
Who are the parties allowed in the youth court?
A
The accused, their parents or guardians, legal representatives, witnesses, bona fide representatives of newspapers, and specially authorized persons.
Reporting restrictions apply to the presence of the public in youth court proceedings.
24
Q
What is required if the accused is under 16 during court proceedings?
A
A parent or guardian must attend with the youth at all stages of the proceedings unless the court finds it unreasonable.
This is based on s.34A CYPA 1933.
25
How does the youth court differ from adult courts in terms of formality?
Proceedings are more informal, with seated lawyers and witnesses, no robes, and youth addressed by first names.
## Footnote
For example, 'finding of guilt' is used instead of 'conviction'.
26
Define 'juvenile'.
A person who is under the age of 18.
## Footnote
In sentencing, 'adult' may refer to those aged 21 or over.
27
What is a 'persistent young offender' (PYO)?
A young person likely categorized as a PYO if convicted or found guilty of imprisonable offences on at least 3 occasions in the past 12 months.
## Footnote
Some sentences are only available to a PYO.
28
What is the role of the Appropriate Adult (AA) during police interviews?
To advise the juvenile, observe the interview process, and facilitate communication.
## Footnote
The AA is not merely an observer; they must understand their role.
29
What must happen if a juvenile is arrested?
The person responsible for the juvenile’s welfare must be informed immediately.
## Footnote
This includes informing the Appropriate Adult.
30
Who can act as an Appropriate Adult?
* Parent or guardian
* Social worker
* Responsible adult who is not a police officer
31
True or False: A solicitor can act as an Appropriate Adult.
False.
## Footnote
A solicitor or independent custody visitor present at the police station cannot be the AA.
32
What is a youth caution?
A formal out-of-court disposal under the Crime and Disorder Act 1998, used before prosecution.
## Footnote
It is the final step before prosecution.
33
What are the options available to police after a juvenile's interview?
* No further action
* Community resolution
* Youth caution
* Youth conditional caution
* Charge
34
Fill in the blank: A 'child' is defined as a person under the age of _______.
14 years old.
35
What must be considered when deciding to detain a youth after charge?
Whether bail should be refused based on grounds in s. 38 PACE.
## Footnote
Grounds include the youth's own interests.
36
What happens if a youth is jointly charged with an adult?
The first hearing will take place in the adult magistrates' court.
## Footnote
Exceptions apply based on the nature of the charges.
37
What is required for a youth to be charged with an offence?
The police must have sufficient evidence, the youth must admit the offence, and prosecution must not be deemed necessary.
## Footnote
Youth cautions cannot be issued for indictable offences without CPS authority.
38
What is the significance of local authority accommodation for detained youths?
Juveniles should be placed in local authority accommodation unless impracticable.
## Footnote
This includes not being held at a police station unless specific conditions are met.
39
What must the magistrates' court consider when a youth is jointly charged with an adult?
Whether it is in the interests of justice (IOJ) for the child or young person and the adult to be tried jointly
40
What does the interests of justice (IOJ) test focus on?
The trial process
41
List some factors that influence whether it is in the interests of justice to try a youth with an adult.
* Injustice to witnesses or the case as a whole
* Age of the child or young person
* Age gap between the child or young person and the adult
* Lack of maturity of the child or young person
* Relative culpability compared to the adult
* Lack of previous findings of guilt
42
True or False: If the youth's trial is separated from the adult's, witnesses will have to give evidence only once.
False
43
What happens if the court decides not to send the youth to the Crown Court for trial?
The youth's trial will take place in the youth court
44
What is the procedure after allocation if the youth is to be tried with the adult?
The youth’s case will be sent to the Crown Court for a Plea and Trial Preparation Hearing
45
Can a youth be remitted back to the youth court once they are before the Crown Court for trial?
No, there is no power to remit the youth back to the youth court
46
What must occur after the trial concludes if the youth is found guilty?
The case must be remitted to the youth court unless it would be undesirable to do so
47
What is the only exception for not remitting a guilty youth's case back to the youth court?
If the offence is homicide
48
What is the first appearance location for a youth jointly charged with an adult?
Magistrates' court
49
What determines whether a youth is sent to the Crown Court for trial when charged with a grave crime?
If the court considers a sentence substantially in excess of 2 years is available
50
In what situation should a youth be sent to the Crown Court for trial?
If the youth pleads guilty to a grave crime
51
What is a grave crime as defined in the context of youth offences?
An offence punishable with 14 years imprisonment or more for an adult
52
What must the court consider during the plea before venue for a youth?
Whether there is a real prospect that a sentence in excess of two years’ detention will be imposed
53
What happens if a youth's previous convictions are considered during the plea before venue?
They can influence the decision regarding the potential sentence
54
What should happen if it is impossible to determine a real prospect of a sentence exceeding two years at the plea before venue?
The youth court should retain jurisdiction
55
What is required for a child or young person to be sentenced under the dangerous offender provisions?
* Found guilty of a specified violent or sexual offence
* Significant risk to the public of serious harm
* A custodial term of at least four years would be imposed
56
What is the overarching guideline regarding sending children to the Crown Court?
It should only be done for the most serious cases
57
What is the role of the prosecution and defence during the youth court procedure?
They make representations regarding the case
58
What is the presumption regarding where youths will have their first hearings?
In the Youth Court
59
What happens if there is uncertainty about the age of an offender?
The court will determine the issue to establish whether the offender should be treated as a youth or an adult
60
What is the significance of a youth's age at their first court appearance?
It determines whether the Youth Court has jurisdiction
61
What must occur if a youth enters a guilty plea during their first hearing?
The court should endeavor to pass sentence on the same day
62
What is required if a youth enters a not guilty plea during their first hearing?
Case management form completion and directions for future case management
63
What is the first step if a sentence is in accordance with s 250 SA 2020?
The court takes a prosecution and defence make representations.
64
What is the test for determining if a sentence is substantially in excess of 2 years?
Is a sentence substantially in excess of 2 years a real prospect?
65
What happens if the 'real prospect' test is met?
Youth sent to Crown Court for trial or sentencing.
66
What is the maximum power of the youth court?
24 months DTO.
67
Where do all defendants over the age of 18 have their first hearing?
In the magistrates' court.
68
What must the Crown Court do if a child is found guilty of an offence other than homicide?
Remit the case to the youth court unless undesirable.
69
What considerations must the court take into account when deciding remittal?
Balance the need for expertise in sentencing with benefits of the court imposing the sentence.
70
What is the first hearing location for youths charged jointly with adults?
Adult magistrates' court.
71
What is the procedure for a youth entering a guilty plea?
Court should pass sentence on the same day or adjourn for a pre-sentence report.
72
What is the presumption regarding trials for youths charged with indictable offences?
They will be dealt with summarily, ideally in the youth court.
73
Under what circumstances can a youth be tried in the adult magistrates' court?
If jointly charged with an adult, aiding an adult, or connected to an adult's offence.
74
What must be considered if a youth enters a not guilty plea?
Complete a case management form and directions for future management.
75
What is the definition of 'grave crimes' according to section 250 SA 2020?
Offences that carry 14 years or more imprisonment or specific offences under the Sexual Offences Act 2003.
76
What is the aim of the plea before venue/mode of trial procedure?
Determine if a youth should be sent to Crown Court for trial.
77
What factors must be considered when determining if a youth is a dangerous offender?
* Convicted of a specified offence
* Significant risk of serious harm to the public
* Offence warrants a determinate sentence of at least four years.
78
What happens if a youth is jointly charged with an adult who is sent to the Crown Court?
The youth may also be sent to the Crown Court if necessary in the interests of justice.
79
What is the maximum sentencing power of the youth court?
Two years' detention.
80
What must the court do if the youth indicates a guilty plea?
Consider if their sentencing powers are sufficient.
81
How does the youth court handle multiple offences charged to a youth?
Consider the combined seriousness of all offences.
82
What is the procedure if a youth behaves disorderly during plea before venue?
Can be carried out in the youth's absence if legally represented.
83
What does the Sentencing Children and Young People: Definitive guideline state about sending youths to Crown Court?
Should be rarely used.
84
What is the appeal structure starting from the magistrates' court?
* Crown Court (trial)
* Court of Appeal (Criminal Division)
* Supreme Court (points of law).
85
What is the role of the High Court in relation to the Crown Court?
Hears appeals by way of case stated and judicial review.
86
What must happen if a youth is charged with a specified offence under s.306 SA 2020?
Must be sent to the Crown Court if criteria for extended detention are met.
87
What must magistrates do if an adult is sent for trial in the Crown Court and the youth indicates a not guilty plea?
Proceed to the mode of trial procedure to determine if it is necessary in the interests of justice to send the youth to be tried with the adult
## Footnote
This is based on s.51(7) Crime and Disorder Act 1998.
88
Under what conditions can a youth be sent for trial for related summary offences?
If they are punishable with imprisonment or involve disqualification from driving
## Footnote
Refer to s.51(8) & (11) CDA 1998.
89
What factors must the court consider when deciding whether to send a youth to the Crown Court?
Factors include:
* Injustice to witnesses or the case
* Age of the child
* Age gap between child and adult
* Lack of maturity
* Relative culpability
* Lack of previous findings of guilt
## Footnote
Guidance found in the Sentencing Children and Young People: Definitive Guideline.
90
What happens if the court decides to send the youth to the Crown Court?
The youth’s case will be sent for a Plea and Trial Preparation Hearing alongside the adult.
91
Can a youth be remitted back to the youth court after being sent to the Crown Court?
No, there is no power to remit the youth back to the youth court once they are lawfully before the Crown Court.
92
What must the adult magistrates' court decide if the youth is appearing there?
Whether to remit the youth’s trial to the youth court or keep it in the adult court.
93
What conditions allow the adult magistrates' court to try a youth and an adult together?
Conditions include:
* Jointly charged with any offence
* Youth charged with aiding and abetting
* Charged with offences arising from the same circumstances.
94
What occurs if the adult pleads guilty and the youth indicates a not guilty plea?
The magistrates will remit the youth to the youth court for trial.
95
What must magistrates consider if a youth indicates a guilty plea?
Whether their sentencing powers are appropriate; if not, they will remit the youth to the youth court.
96
What is the principal aim of the youth justice system?
To prevent offending by children and young people.
97
What is required for parents or guardians of children under 16 appearing before court?
They must attend all stages of the proceedings unless deemed unreasonable.
98
What constitutes a persistent offender?
Three findings of guilt in the past 12 months for imprisonable offences or a series of comparable offences committed over a short time.
99
What are the three powers of committal to the Crown Court for sentence applicable to youths?
1. Conviction of a ‘grave crime’ offence
2. Dangerous young offenders
3. Related offences.
100
What are some specific sentences available only to youths?
Detention and training orders, referral orders, and youth rehabilitation orders.
101
What is a referral order?
An order requiring an offender to attend youth offender panel meetings and comply with an agreed programme of behaviour.
102
What is the minimum and maximum term for a referral order?
Minimum 3 months, maximum 12 months.
103
What does a youth rehabilitation order (YRO) require?
The offence must be serious enough to warrant it, with no statutory minimum but a maximum of 36 months.
104
What are the principal non-custodial sentences available for youths?
Youth rehabilitation orders, referral orders, and reparation orders.
105
What is the maximum duration for a youth rehabilitation order?
36 months.
106
What is a mandatory condition for referral orders?
The young offender must not have previous convictions and plead guilty to an imprisonable offence.
107
What happens if a referral order is discharged?
It is spent, leaving the youth with a clean slate.
108
What are 'connected' offences?
Offences that are dealt with by the court at the same time as the main offence
109
When do compulsory referral order conditions not apply?
When the sentence is fixed by law or when a custodial sentence, absolute or conditional discharge is proposed
110
In what situations can an offender receive a referral order?
* On their second conviction where a referral order was not made previously
* If the offender pleads guilty to the offence or a connected offence
111
Under what conditions cannot a referral order be given?
* The sentence is fixed by law
* The court feels an absolute or conditional discharge is justified
* The court considers custody is the only correct disposal
112
What happens if a young offender breaches a referral order?
They may be referred back to the youth court, which may revoke the order or impose a fine or extend the contract period
113
What options are available to the court if a child breaches a YRO?
* Take no action
* Impose a fine (up to £2,500)
* Amend the terms of the order
* Revoke the order and re-sentence
114
What is a Detention and Training Order (DTO)?
The only custodial sentence available to the youth court
115
When should a custodial sentence be used?
As a last resort and only for serious offences where neither a fine nor community sentence can be justified
116
What is the minimum age for imposing a DTO?
No DTO can be imposed on offenders aged 10 or 11
117
What is the maximum length of a DTO?
24 months
118
What factors should the court consider when imposing a DTO?
* Circumstances of the child
* Age
* Maturity
119
What is the typical supervision arrangement for a DTO?
First half in secure youth detention, second half in the community under supervision
120
What are community alternatives to custody?
* Intensive supervision and surveillance requirement
* Fostering requirement
121
What must an order of intensive supervision and surveillance require?
The offence must be punishable by imprisonment and cross the custody threshold
122
What is the overarching guideline for sentencing children and young people?
The term of a custodial sentence must be the shortest commensurate with the seriousness of the offence
123
What is a long-term detention under s.250 of the Sentencing Act 2020?
A sentence for grave crimes where neither a community order nor a DTO is suitable
124
What is the mandatory sentence for a child found guilty of murder?
Detention at His Majesty’s pleasure with a starting minimum term of 12 years
125
What is the usual custodial sentence for those aged 18 to 21?
Detention in a Young Offenders Institution
126
What types of sentences can be imposed by the Youth Court?
* Absolute discharge
* Conditional discharge
* Fines (limited)
* Referral order
* Reparation order
* Youth rehabilitation order
* Detention and training order
* Parenting order
* Parental bind over
127
What types of sentences can be imposed by the Crown Court?
* Absolute discharge
* Conditional discharge
* Fines (no limitation)
* Reparation order
* Youth rehabilitation order
* Detention and training order
* Parenting order
* Detention for a specified period under s.250 Sentencing Act 2020
* Extended detention for ‘dangerous offenders’
* Life for ‘dangerous offenders’
* Detention at His Majesty’s Pleasure (murder)
