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Criminal Litigation > Youth Court > Flashcards

Youth Court Flashcards

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1
Q

What age of defendant the Youth Court deals with

A

Anyone aged 10 to 17 on the day of the first hearing

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2
Q

What date is relevant for determining which Court will deal with the defendant?

A

Day of the first hearing

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3
Q

max. sentence in the Youth Court

A

2 years detention and training order

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4
Q

Juvenile

A

person under 18

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5
Q

Adult

A

18+ but can be 21+ for sentencing purposes

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6
Q

age of criminal responsibility

A

10

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7
Q

Child

A

under 14

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8
Q

Young person

A

between 14-17

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9
Q

Persistent young offender (PYO)

A

A young person is likely to be categorised as a PYO if they have been convicted of, or made subject to a pre-court disposal that involves an admission or finding of guilt, in relation to imprisonable offences on at least 3 occasions in the past 12 months.

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10
Q

Youth courts

A

specialist courts for hearing cases against a child or young person

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11
Q

To sit in Youth Court, District Judge and Magistrates must undertake

A

specialist training

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12
Q

Who is excluded from sitting in the youth court?

A

the public

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13
Q

Who must have a parent or guardian present at all stages of the proceedings?

A

Under-16s must have a parent or guardian present at all stages of the proceedings ‘unless and to the extent that the court is satisfied that it would be unreasonable to require such attendance, having regard to the circumstances of the case’

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14
Q

The court may require a parent or guardian to attend if the accused is aged

A

16 or 17

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15
Q

Give some examples of Youth Court informalities

A

accused is addressed by first name only, lawyers are not robed, youth sits in a chair rather than the dock

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16
Q

What kind of suspect is a juvenile?

A

a vulnerable suspect

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17
Q

An appropriate adult cannot act if they have received admissions

A

prior to attending to act as the AA

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18
Q

Who can never be an appropriate adult?

A

solicitor or independent custody visitor; estranged parent/guardian

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19
Q

Role of the appropriate adult

A

safeguard the person’s rights and entitlements

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20
Q

The AA’s presence is to help the juvenile cope with

A

the demands of custody and questioning and to appreciate the seriousness of the situation

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21
Q

Is an appropriate adult bound to remain confidential?

A

No, there is no duty of confidentiality owed by an AA

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22
Q

A juvenile must not be interviewed or asked to sign anything in the absence of an AA unless authorised by who?

A

a superintendent or above

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23
Q

Can a juvenile be cautioned in the absence of an AA?

A

Yes, but the caution must be repeated in the AA’s presence.

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24
Q

First decision to make after the youth is charged at the police station

A

whether bail should be refused

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25
Additional ground for refusing bail to youths under Bail Act
youths can be detained in their “own interests”
26
If a youth is detained for court, where should they be placed?
in local authority accommodation
27
Custody officers should do everything practicable to ensure that the place of detention is
local authority accommodation rather than the police station
28
R v Gateshead (rule for local authorities)
Local authorities are not under a duty to provide secure accommodation whenever a request is received under s. 38(6) PACE
29
The youth can be detained in police custody where
the youth has been arrested pursuant to an alleged breach of bail or breach of remand conditions
29
What is the purpose of an out-of-court disposal?
to reduce the risk of further offending by the youth and serve as a proportionate response to the crime committed
29
What is an alternative to prosecution for youths?
A youth caution, which is a formal out-of-court disposal
30
Relevant age for the purpose of sentence is the age of the offender at the date of
conviction
30
A referral order
the mandatory sentence in a youth court or magistrates’ court for most children and young people who have committed an offence for the first time and have pleaded guilty to an imprisonable offence
31
sentences for the least serious offences
Absolute or conditional discharge and reparation orders
31
Threshold for a youth rehabilitation order
Offence must be ‘serious enough’ to impose a YRO
32
Length of youth rehabilitation orders
no statutory minimum, max. 36 months
33
Length of referral orders
min. 3 months, max. 12 months
34
Which YRO requirements are only available for young people aged 16 or 17 on the date of conviction?
​unpaid work requirement​ and the residence requirement
35
For children and young people aged under 15, they must be deemed a persistent offender for which requirements to apply?
the intensive supervision requirement, surveillance requirement and fostering requirement
36
What does a referral order consist of?
A referral order requires an offender to attend each of the meetings of a youth offender panel established for the offender by the Youth Justice Service, and to comply, for a particular period, with a programme of behaviour to be agreed between the offender and the panel.
37
A referral order cannot be given where (4)
1) the sentence is fixed by law; or​ 2) the court feels that an absolute or conditional discharge is justified; or​ 3) the court is proposing to make a hospital order; or 4) the court considers that custody is the only correct disposal
37
What are the ‘compulsory’ referral order conditions?
where the young offender has not previously been convicted of an offence and​ the young offender pleads guilty to an imprisonable offence and any other offence being dealt with by the court at the same time
37
What happens if the young offender breaches a referral order, or is convicted of another offence while subject to a referral order?
They may be referred back to the youth court. The youth court may revoke the referral order and deal with the youth in any manner in which he could have been dealt with for that offence. OR the court may order the young offender to pay a fine or extend the length of the contract period.
37
A fine for breach of a YRO
can be up to £2,500
38
only custodial sentence available to the youth court
Detention and Training Order (DTO)
39
DTO should only be available where an offence is 'so serious...
that neither a fine alone nor a community sentence can be justified'
40
The Youth Court can only apply to impose a DTO when a child or young person has been convicted of
an offence which is punishable with imprisonment in the case of an adult
41
Available length of a DTO
4 months - 2 years
42
Which courts can impose a DTO?
The Youth Court and the Crown Court
42
Community alternatives to custody
An intensive supervision and surveillance requirement and a fostering requirement
43
DTO sentence typically given to 15-17 year olds (less than adults)
sentence broadly within the region of half to two thirds of the adult sentence
44
A child or young person may be sentenced by the Crown Court to long-term detention under s.250 Sentencing Act 2020 if found guilty of a
grave crime and neither a community order nor a DTO is suitable
44
An order of intensive supervision and surveillance requirement and a fostering requirement is only imposed on a child or young person below 15 if they are a
persistent offender
44
Any case that warrants a DTO of less than four months must result in a
noncustodial sentence
45
Long-term detention is
4 years +
46
If a child or young person is found to be dangerous, they can be sentenced to
extended detention or detention for life
47
Detention at His Majesty’s pleasure
mandatory sentence for any child or young person found guilty of committing a murder
48
minimum term for Detention at His Majesty's pleasure
12 years
49
usual custodial sentence for those aged between 18 and 21​
Detention in a Young Offender's Institution
50
If the adult is sent for trial to the Crown Court, the court should conclude that the child or young person must be tried separately in the Youth Court unless
it is in the Interests of Justice for the child or young person and the adult to be tried jointly
51
Once a youth is lawfully before the Crown Court for trial, there is no power to
remit the youth back to the youth court for trial even if the adult with whom the youth was sent pleads guilty (R v W (a minor)) v Leeds Crown Court)
52
once the Crown Court trial concludes and the child / young person is found guilty, the court must
remit the case to the youth court, unless it would be undesirable to do so (eg homicide)
53
Most youths will have their first hearing before the
Youth Court
54
If the youth enters a guilty plea, the court should endeavour to pass sentence
on the same day
55
The presumption that youths will be tried in the Youth Court applies even in the case of indictable only offences except
homicide and certain firearms offences
56
57
A youth will only be tried in the adult magistrates' court where they are
jointly charged with an adult
58
Plea before venue / mode of trial in Youth Court
Generally there will be no plea before venue / mode of trial in the youth court
59
Plea before venue applies in which circumstances?
Youth charged with an offence capable of being a 'grave crime' under s.249 SA 2020; Youth jointly charged with an adult with an either-way or indictable only offence
60
What happens when several defendants, all under 18, are charged together?
the court must consider each defendant separately
61
Disorderly manner - plea before venue
If the accused behaves in a disorderly manner, the plea before venue procedure can be carried out in the youth’s absence provided the youth is legally represented.
61
Crown Court sentencing powers for "grave crimes"
A Crown Court can sentence a youth to any length of detention which would be possible if they were an adult
61
Capable of being a ‘grave crime’
Any offence that in the case of an adult carries 14 years or more imprisonment; Offences under ss.3, 13, 25 and 26 of the Sexual Offences Act 2003.
61
How do previous convictions impact mode of trial?
Previous convictions = statutory aggravating factors
62
2-stage test for deciding whether s.250 SA 2020 applies
1) Is it an offence capable of being a grave crime? ie is it one to which s.249 applies? 2) Is the appropriate sentence one of over two year’s detention?
63
Rule on court allocation for youths from R (H) v Southampton Youth Court
youths, especially those under 15, should be tried in the youth court wherever possible, with the Crown Court being ‘reserved for the most serious cases’
64
Criteria for imposing a sentence of extended detention for youths
The youth is convicted of a specified offence (as per s.306 SA 2020); The court considers there is a significant risk of serious harm to the public from the youth committing further specified offences; and The offence warrants the equivalent determinate sentence of at least 4 years
65
the power to send youths to the Crown Court for trial under the dangerousness provisions should be
rarely used
65
Extended sentence
an appropriate custodial term plus an extended licence period
66
the younger the child or young person, the greater the desirability that
the child/young person be tried in the youth court
67
If there is a real prospect of a sentence in excess of 2 years being imposed, the Youth Court must?
send to the Crown Court for trial

Criminal Litigation (9 decks)

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