Unit 7 Youth Court Procedure Flashcards
Aim of the youth court
To prevent offending by children and young persons.
Also have regard to the welfare of the juvenile
Role of parents/ guardians
If under 16 must be accompanied by their parents or guardian during each stage of the proceedings, unless the court is satisfied that it would be unreasonable to require such attendance.
For juveniles aged 16 or 17, the court has a discretion as to whether to make an order requiring the attendance of the juvenile’s parents or guardian.
Parents or guardians who attend the youth court play an active role in the proceedings.
The youth court’s jurisdiction
Part of the magistrates’ court system.
Takes place before either a district judge or a bench of youth justices.
Deals with cases involving defendants aged between 10 and 17 inclusive.
Children aged 10 and over are subject to the criminal law in the same way as adults.
Age
If juvenile turns 18 prior to first appearance in youth court, the court does not have jurisdiction to deal with them and the case must be dealt with in the adult magistrates’ court.
If turn 18 after first appearance, have discretion as to whether they admit to adult mags or retain case.
‘Persistent young offenders’ (PYOs)
A juvenile who has been sentenced on three separate occasions for one or more recordable offences (a recordable offence is any offence for which a juvenile may receive a custodial sentence).
A juvenile who is a PYO will have their case expedited so the youth court may deal with them as quickly as possible.
Situations in which a juvenile’s case either must or may be sent to an adult court
- Homicide offences
Case must be dealt with in the Crown Court. - Firearms offences
Where the juvenile has attained the age of 16 at the time of the alleged offence, the case must be sent to the Crown Court. - Grave crimes
‘Grave’ crimes are 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.
The youth court may accept jurisdiction or the case to the Crown Court for trial.
Should send for trial a case involving a grave crime only if it considers that its maximum sentencing powers (a 24- month detention and training order) will be insufficient. - Specified offences
Where a juvenile is charged with an offence of violence or a sexual offence their case may be sent to the Crown Court, but only where they can properly be regarded as a ‘dangerous offender’.
So if it appears to the court that the criteria would be met for the imposition of automatic life imprisonment, discretionary life imprisonment or an extended sentence, the juvenile is likely to have their case sent to the Crown Court. - Jointly charged with an adult
(i) Adult’s case dealt with in Crown Court
A juvenile may also be sent to the Crown Court, but only where this would be regarded as necessary in the interests of justice.
(ii) Adult’s case dealt with in the magistrates’ court
If the adult is to be tried in the magistrates’ court, the adult and juvenile will be tried together in the adult magistrates’ court. If the juvenile is convicted, the magistrates will normally remit their case to the youth court for sentence unless they propose to deal with the matter by way of a fine or a discharge.
Plea before venue and allocation
For grave crimes, specified offences and where a juvenile is charged with an adult whose case is in the Crown court if the juvenile indicates a guilty plea the youth court will either sentence them or send them to the Crown court for sentencing. If the juvenile indicates a not guilty plea a similar allocation procedure will then be followed to that in the magistratres’ court for an either-way offence.
Bail - powers of the youth court
Youth court has the power to remand a juvenile:
(a) on bail (with or without conditions)
(b) into local authority accommodation or
(c) in the case of 17- year- olds, into custody.
Bail - consequences of refusal
Where the court refuses bail, a juvenile may be remanded:
a) To local authority accommodation
Can sometimes include a return to home under care of local authority.
10-11 yr olds can only be on bail or have this option.
If reach 12 during remand may be possible they will be remanded to youth detention accommodation at next court appearance if conditions met.
OR
b) Youth detention accommodation
4 sets of conditions:
(i) The juvenile must be aged 12 to 17 years.
(ii) The juvenile must usually have legal representation.
(iii) The offence will need to be either a violent or sexual offence or one for which an adult could be punished with a term of imprisonment of 14 years or more.
Alternatively, the juvenile will need to have a ‘recent and significant history’ of absconding/committing offences whilst on bail/remanded to local authority accommodation or youth detention accommodation.
(iv) Court believe a remand to youth detention accommodation is necessary to protect the public from death or serious personal injury occasioned by further offences committed by the juvenile.
Sentencing - pre-sentence report
Prepared by youth offending team (YOT).
Court is likely to indicate the type of sentence it has in mind when it orders a report.
Report will address the juvenile’s suitability for that type of sentence.
The youth court may either adjourn the sentencing hearing to enable the YOT to prepare the pre- sentence report, or may ask the member of the YOT who is present in court to prepare a ‘stand down’ report so that sentencing can take place without the need for the case to be adjourned.
Sentencing - Overarching principles - General approach
Have regard to the aim to prevent offending by children and young people and the welfare of the child or young person.
Individualistic and focused on the child.
Custodial sentence should always be last resort.
Avoid criminalising children.
Sentencing - Overarching principles - determining the sentence
In determining the sentence, the key elements to consider are:
∘ the principal aim of the youth justice system (to prevent re- offending by children and young people);
∘ the welfare of the child or young person;
∘ the age of the child or young person (chronological, developmental and emotional);
∘ the seriousness of the offence;
∘ the likelihood of further offences being committed; and
∘ the extent of harm likely to result from those further offences.
Sentencing - referral orders
Must be made for a juvenile who pleads guilty to an offence (which carries a possible custodial sentence) and who has never previously been convicted or bound over by a court, unless the court is proposing either to impose a custodial sentence or to make an absolute discharge.
Referral orders cannot be made unless the juvenile pleads guilty to the offence with which they have been charged, although if the juvenile has entered a mixed plea, the court has the power to make a referral order but is not obliged to do so.
The court may also make a second referral order in exceptional circumstances.
If the court makes a referral order, the juvenile will be referred to a ‘youth offender panel’.
The panel will agree with the juvenile a ‘youth offender contract’ = programme of behaviour designed to prevent the juvenile re- offending and will last between three and 12 months.
Sentencing - Youth rehabilitation orders (YRO)
Equivalent of a generic community order for adult offenders.
It allows the court to include one or more requirements to achieve punishment for the offence, protection of the public, reduction in re- offending and reparation (for a period of up to three years).
Sentencing - Detention and training orders
The only type of custodial sentence that the youth court has the power to impose.
Should not impose a detention and training order unless it is of the opinion that the offence is so serious that neither a fine alone nor a community sentence can be justified for the offence.
The court would need to state the reasons why such a YRO was inappropriate.
Cannot be imposed on juveniles aged 10 or 11.
If 12-14 inclusive, an order may only be made if the court considers that the juvenile is a ‘persistent young offender’. For juveniles aged 15 or over, there is no restriction on the making of such an order.
May be ordered to run for at least four months but must not exceed a total of 24 months.
May be imposed only if the court has received from the YOT a pre- sentence report that specifically addresses custody as a possible sentencing option.
The juvenile will be held in detention in a young offender institution for one half of the period of the order. They will then be released into the community under the supervision of the YOT for the second half of the order.
