Youth court procedure Flashcards
(26 cards)
At what minimum age can a child be held criminally responsible in England and Wales?
The age of criminal responsibility is 10 years old. Children under 10 cannot be arrested or charged.
Which court usually hears cases involving defendants aged 10 to 17?
The Youth Court typically handles cases involving individuals aged 10 to 17.
What type of sentence replaces prison for young offenders in the Youth Court?
Instead of prison, young offenders may receive a Detention and Training Order, lasting between 4 months and 2 years.
What are the exceptions where a youth is tried in the Crown Court rather than the Youth Court?
Youths are sent to the Crown Court for homicide, firearms offences, serious fraud, or grave crimes (e.g., sexual assaults) where a sentence of more than two years is likely.
If a child is jointly charged with an adult, is the adult tried in the Youth Court?
No. Adults are always tried either in the Magistrates’ Court or Crown Court, not in the Youth Court.
Can the trials of a child and an adult be separated if they are jointly charged?
Yes, the allegations can sometimes be split so that the adult is tried separately, allowing the child to stay in the Youth Court.
hen can a child be sent to the Crown Court for trial alongside an adult?
If it is in the interests of justice for there to be a single joint trial, the child’s case can be sent to the Crown Court with the adult’s.
What is the default position for a child’s trial when jointly charged with an adult?
The default is that the child remains in the Youth Court, even if the adult is being tried in the Crown Court.
What body issues the definitive sentencing guidelines for children and young people?
The Sentencing Council issues the definitive guidelines that apply to sentencing children and young people.
From when do the definitive guidelines for sentencing youths apply?
They apply to all sentences from June 2017 onwards, regardless of when the offence was committed.
Are courts required to follow the sentencing guidelines for youths?
Yes. Courts must follow any relevant sentencing guidelines when sentencing children and young people.
When exercising functions related to sentencing, what must courts consider regarding the guidelines?
Courts must follow the sentencing guidelines whenever they are exercising any function related to sentencing.
When is a referral order usually the mandatory sentence for young offenders?
A referral order is mandatory when a child or young person commits their first imprisonable offence, pleads guilty, and is sentenced in the Youth Court or Magistrates’ Court.
What is the purpose of a referral order for young offenders?
It is designed to encourage responsibility, promote understanding of the impact on the victim, and address the child’s needs to reduce future offending.
Who determines the specific requirements of a referral order?
A referral order panel examines the young person’s needs and decides on the requirements of the order.
How is the length of a referral order decided?
The court sets the length based on the seriousness of the offence:
- Low seriousness: 3–5 months
- Very high seriousness: 10–12 months
What is an absolute discharge in youth sentencing?
An absolute discharge means the offender is released without punishment, but the offence is recorded on their criminal record.
What is a conditional discharge in youth sentencing?
A conditional discharge allows the offender to be released on the promise not to reoffend; the offence is still recorded on their criminal record.
What is the maximum length of a Detention and Training Order (DTO) a youth court can impose?
A youth court can impose a Detention and Training Order of up to 24 months (2 years) as the maximum custodial sentence.
Can a 10- or 11-year-old receive a Detention and Training Order?
No, a child aged 10 or 11 cannot be given a Detention and Training Order.
When can a 12–14-year-old receive a Detention and Training Order?
A 12–14-year-old can only receive a Detention and Training Order if they are classified as a persistent offender.
Can a 15–17-year-old receive a Detention and Training Order?
Yes, a 15-, 16-, or 17-year-old can receive a Detention and Training Order even if they are not a persistent offender, typically for more serious offences.
What is a Youth Rehabilitation Order (YRO)?
A Youth Rehabilitation Order is a community sentence that includes one or more requirements focused on punishment, public protection, reparation, and reducing re-offending.
What is the maximum period for completing the requirements under a Youth Rehabilitation Order?
The requirements must be completed within a maximum of three years from when the order starts.
