Youth court procedure

Question 1

What is the principle aim of the youth justice system?

Answer 1

To prevent offending

Question 2

What must the court have regard to to support the aim of preventing offending?

Answer 2

The welfare of the child or young person, take steps to remove them from undesirable surroundings and securing proper provision is made for education and training

Question 3

What is the difference between young person and child?

Answer 3

Young person is 14-17
Child is 10-13

Question 4

What is the general rule for a child charged with a criminal offence?

Answer 4

Should be tried in the youth court no matter the classification of the offence

Question 5

Can a youth elect trial by a jury?

Answer 5

No, not even if charged with an indictable only offence

Question 6

What are the exceptions to the rule or situations that may affect whether a youth should be tried in the youth court?

Answer 6

• age of the offender at the time of trial
• the offence charged
• whether they are jointly charged with an adult

Question 7

What happens when the defendant is 17 when charged but turns 18 before their first appearance?

Answer 7

The youth court has no jurisdiction - if convicted the defendant will be subject to the full range of sentencing powers open to the adult mags

Question 8

What happens if the defendant is 17 when charged and turns 18 after their first appearance but before trial?

Answer 8

The youth court has jurisdiction; the defendant may be tried in the youth court or remitted to the adult mags court. This is a discretion to remit.
- if the retained in the youth court they have full range of sentencing powers of adult mags
- if remitted there is no right to appeal the order of remission and if convicted the defendant subject to full powers of the adult mags

Question 9

What happens if the defendant is 17 when charged and turns 18 during the trial but before the conclusion of the trial?

Answer 9

The youth court may deal with the case and make an order as if the defendant was still 17. Alternatively the youth court may remit the defendant for sentence in the adult mags court

Question 10

What happens if a child or young person is charged with an homicide offence?

Answer 10

They must be sent forthwith to the Crown Court for trial without and indication of plea

Question 11

What happens if a child or young person is charged with a firearms offence?

Answer 11

If the offence is subject to a mandatory minimum sentence of 3 years they must be sent forthwith to the Crown Court without indication of plea if they are 16 or over

Question 12

What happens if a child or young person is charged with serious or complex fraud?

Answer 12

The case must be sent forthwith to the Crown Court with no indication of plea where notice is given by the prosecutor that it should be dealt with at the Crown court

Question 13

When may the youth court send a youth to the Crown court without an indication of plea?

Answer 13

• where they have been charged with a specified offence
• the court considers them to be a dangerous offender
• a custodial term of at least 4 years would be imposed for the offence

Question 14

What is a dangerous offender?

Answer 14

One where the court is of the opinion that there is a significant risk to the public of serious harm caused by the child or young person committing a further specified offences - significant risk is more than a mere possibility

Question 15

What happens when the youth is charged with a grave crime?

Answer 15

The court must determine whether to retain jurisdiction or send the youth to the Crown Court for trial by conducting a plea before venue hearing

Question 16

What is a grave crime?

Answer 16

• a serious offence
• sentence is not fixed
• punishable with imprisonment of 14 years or more for an adult offender aged 21 or over

Question 17

What are examples of a grave crime?

Answer 17

• robbery
• s18 GBH
• aggravated criminal damage
• arson/aggravated arson

Question 18

If a youth indicates a guilty plea to a grave crime what happens?

Answer 18

The offence should be treated as tried summarily and the court should proceed to sentencing with the ability to commit to the Crown Court

Question 19

What is the test to be applied if a youth indicates a not guilty plea to a grave crime?

Answer 19

Is there a real prospect that a sentence in excess of two years detention will be imposed on the youth?

Question 20

What is the maximum term of detention in the youth court?

Answer 20

24 months

Question 21

Can a child aged 10-11 receive a sentence of detention?

Answer 21

No

Question 22

Can a child aged 12-14 receive a sentence of detention?

Answer 22

There is no power to impose a sentence of detention in the youth court for 12-14 unless they are categorised as a persistent offender

Question 23

Where a youth and an adult are jointly charged with a criminal offence where must the youth make their first appearance?

Answer 23

In the adult mags together with the adult

Question 24

What happens to the youth if the adult is sent for trial in the Crown Court?

Answer 24

The court considers whether the crime is homicide, firearms, fraud or dangerous offender provision applies and if not a plea before venue will be undertaken.
- if guilty - sentenced or remitted to youth court for sentence
- not guilty - general rule is youth tried separately in youth court unless it is in the interests of justice to be tried together

Question 25

What happens to the youth if the adult is to be tried in the mags court?

Answer 25

If pleading not guilty the youth should be tried with the adult in the mags court.

Question 26

What happens if the adult charged with the youth pleads guilty?

Answer 26

The court will normally remit the youth to the youth court for trial

Question 27

What must the court have regard to when it comes to sentencing a youth?

Answer 27

The principal aim of the youth justice system and the welfare of the child or young person

Question 28

What should the sentencing of youths focus on?

Answer 28

Rehabilitation

Question 29

What is a referral order?

Answer 29

An order requiring the youth to attend meetings with a youth offender panel and requires the youth to agree a contract. As part of the contract they must comply with a programme of behaviour designed to prevent reoffending. The programme will address the causes of the offending behaviour allowing the youth to take responsibility for the consequences of their actions

Question 30

When is a referral order mandatory?

Answer 30

- the youth has no previous convictions - the youth pleads guilty to an imprisonable offence - the court is not proposing to impose a custodial sentence or make an absolute or conditional discharge - the offence is not one which sentence is fixed by law

Question 31

When may a referral order be made?

Answer 31

- guilty plea to non-imprisonable offence - guilty to some offences but not guilty to others which they are convicted of - previous convictions but never had a referral order - had a referral order but the YOT recommends a further order and the court finds exceptional circumstances to justify

Question 32

How long can a referral order last?

Answer 32

3-12 months

Question 33

What is a detention and training order?

Answer 33

The only form of custodial sentence available to the youth court.

Question 34

When can a detention and training order be made?

Answer 34

It can only be made where the court is of the opinion that the offence was 'so serious that neither a fine alone nor a community sentence can be justified for the offence' - a measure of last resort

Question 35

What is a persistent offender?

Answer 35

No definition - it is for the court to decide. Guidelines suggest: - three findings of guilt in the past 12 months for imprisonable offences of a comparable nature could justify as a persistent offender - where the child is being sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time

Question 36

How long can a detention and training order be imposed for?

Answer 36

A fixed period of 4, 6, 8, 10, 12, 18 or 24 months

Question 37

What is a youth rehabilitation order?

Answer 37

A community sentence involving the imposition of one or more youth rehabilitation requirements which are designed to punish the youth, protect the public, reduce reoffending and to make reparation

Question 38

What is the maximum period for a youth rehabilitation order?

Answer 38

3 years