Youth Court Flashcards
(18 cards)
What is the principal aim of the youth justice system?
To prevent offending by children and young persons
The Youth Court aims to support the welfare of children and young persons.
What does every court need to consider when dealing with youth offenders?
The welfare of the child or young person
Courts must take steps to remove youths from undesirable surroundings and ensure proper education and training.
What is the age range for a ‘young person’ or ‘young offender’?
14-17 years old (inclusive)
This terminology is crucial for understanding the youth court procedures.
What is the age range for a ‘child’ in the context of youth court terminology?
10-13 years old (inclusive)
This classification impacts the procedures and sentencing in youth court.
At what age does criminal responsibility begin in England and Wales?
Ten years old
No criminal liability exists for offenses committed by children under this age.
What is the significance of terminology in the Youth Court?
It affects the procedure to be adopted, especially sentencing
Terms like ‘youth’, ‘young person’, and ‘child’ have specific legal definitions.
What resource provides guidance for magistrates in the Youth Court?
Youth Court Bench Book (2020)
Available on Judiciary.uk, it is an excellent resource for understanding youth offender processes.
True or False: A youth is defined as anyone under the age of 18.
True
This definition is crucial for understanding the legal context of youth offenders.
Fill in the blank: Criminal responsibility begins at the age of _______.
ten
This age is significant in determining legal accountability for children.
What is the general rule regarding the trial of a young person charged with a criminal offence?
The young person must be tried in the Youth Court
This applies regardless of the classification of the offence charged.
What is the outcome if a defendant is 17 when charged but turns 18 before their first appearance in the Youth Court?
The Youth Court has no jurisdiction; the defendant must be remitted to the MC Court
If convicted, the defendant will face sentencing by the adult magistrates’ court.
What happens if a defendant is 17 when charged and turns 18 after their first appearance in the Youth Court but before trial?
The Youth Court has jurisdiction; the defendant may be tried in the Youth Court or remitted to the adult magistrates’ court
The court has discretion to remit the case.
What factors can affect the trial of a youth in the Youth Court?
Factors include:
* Age of the offender at the time of trial
* Offence charged
* Joint charges with an adult
The first two factors are addressed in this section, while the third is discussed under Allocation of youths jointly charged with an adult.
True or False: A youth charged with an indictable only offence can elect trial by jury.
False
Youths must be tried summarily in the Youth Court, regardless of the offence.
Fill in the blank: The Youth Court must try a young person charged with a criminal offence unless certain __________ apply.
[exceptions]
Exceptions may include age, type of offence, or joint charges.
What is the significance of Table 10.1 in the context of age and jurisdiction?
Table 10.1 outlines how the age of the offender during proceedings affects jurisdiction and trial outcomes
It specifies the implications of turning 18 at different stages of the legal process.
What is the procedure if a defendant remains in the Youth Court after turning 18?
The Youth Court may sentence the defendant with the full range of sentencing powers available to the adult magistrates’ court
This applies if the case is retained by the Youth Court.
Main principle of Youth Court
The principal aim of the youth justice system is to prevent offending by children and young persons. However, the primary aim of sentencing is to have regard to the welfare of the offender and to ensure the offender’s rehabilitation. This is a distinct aim from sentencing adult offenders. The boy is in need of psychiatric support which is not currently available to him and the Youth Court will need to consider this when sentencing him.
