Youth Court Procedure Flashcards
(31 cards)
What are the main aims of the youth justice system?
Main aim of youth justice system is to prevent offending by young people
All involved in the system must have regard to this aim and to the juvenile’s welfare
What is the role of the Youth Offending Team (YOT)?
YOT will assist the youth court (YC) with:
- Investigating and confirming personal circumstances and previous convictions of juveniles
- Providing support for juveniles granted bail
- Preparing pre-sentence reports
- Administering any non-custodial sentence imposed by the YC
A member of the YOT will attend each sitting of the YC
What role do parents and guardians play in YC proceedings?
- Juvenile under 16 before YC - Must be accompanied by their P/G during each stage of the proceedings, unless it is unreasonable to require such attendance
- Juvenile aged 16 or 17 – Court has discretion as to whether to make an order requiring P/G attendance
- P/G play an active role, and court will want their views on matters like sentencing and may ask them questions
Which people are allowed in the YC during proceedings?
- District judge/youth justices
- Court staff
- Juvenile and P/G
- CPS representative
- Juvenile’s solicitor
- Representative from YOT
- Members of the press
What reporting restrictions are in place for the YC?
Press cannot report (for any young person in the case, including witnesses etc)
- Name
- Address or school
- Any other details which might lead to identification
Restrictions end automatically when child reaches 18
- Can be a lifelong reporting restriction for a victim or witness under 18
Court can lift these restrictions to avoid injustice or if, following conviction, it is in the public interest
- Must be of real benefit to the community, not as extra punishment
How does legal representation work in the YC? How can a youth obtain a legal representation order?
J’s solicitor plays the same role as they would for an adult in the MC
Representation orders require the same interests of justice test to be passed, but all under 18s automatically pass the means test
What ages of defendant does the YC deal with? Who presides over YC cases?
Hearing in YC takes place before a district judge or a bench of youth justices
* Youth justices have special training, which adult justices don’t have
* Bench of 2 YJs is sufficient, but 3 is common
YC deals with defendants aged 10 to 17
- Conclusive presumption that a child under 10 cannot be guilty of a criminal offence
Children = 10 to 13
Young people = 14 to 17
- Distinction matters for sentencing powers
How are YC cases slightly different for persistent young offenders. What is meant by this?
A persistent young offender will have their case expedited so the YC deals with it quicker
- PYO = sentenced on 3 separate occasions for 1 or more recordable offences
- Recordable offence = any offence for which juvenile may receive a custodial sentence
What are some general differences in terminology between the adult MC and the YC? How does the procedure work generally in the YC?
- Witnesses promise rather ‘swear’ to tell the truth and child witnesses under 14 must give unsworn evidence (as in MC)
- Finding of guilt = conviction
- Order upon a finding of guilty = give a sentence
- Same standard directions for parties as for MC; Revised directions to expedite things for a persistent young offender
- Trial in YC has same procedure as trial in MC
How is a case dealt with when a defendant turns 18 during proceedings?
1) If charged with an offence when 17, but they turn 18 prior to 1st appearance in YC, the case must be dealt with by adult MC
- Full range of sentencing powers as MC can exercise
2) If 1st appearance occurs before they are 18 and they become 18 whilst the case is ongoing, YC can retain or remit to MC
- If retained, YC has full range of sentencing powers as MC
Although most trials of juveniles take place in the YC, there are 5 instances where cases must or may take place in an adult court.
In overview only, what are 5 situations?
1) Homicide offence
2) Firearm offence
3) Grave crimes
4) Specified offences
5) Jointly charged with an adult
In which court are homicide offences dealt with?
For an offence of murder or manslaughter, J must be dealt with in CC
In which court are firearm offences dealt with?
J over 16 at time of offence – must be sent to CC
In which court are ‘grave crimes’ dealt with? What is meant by this?
Grave crimes are offences where offender aged 21 or over may receive a custodial sentence of 14 years or more
YC may accept jurisdiction or send to CC if maximum sentencing powers of YC insufficient
In which court are ‘specified offences’ dealt with? What is meant by this?
Specified offences are those of a violent or sexual nature
May be sent to CC if J can be regarded as a ‘dangerous offender’
- This means it is likely that criteria for automatic or discretionary life imprisonment or an extended sentence are met
Where will the juvenile be dealt with when they are jointly charged with an adult?
Adult case in CC – J may be sent to CC if this is necessary in the interests of justice
Adult case in MC – adult and J tried together in adult MC
- If convicted, J usually remitted back to YC for sentence
- If the adult then elects CC, J must also go
When will a plea before venue and allocation hearing occur for a juvenile?
This procedure applies where J may be sent to CC
- Grave crimes, specified offences, J charged with an adult going to CC
If J indicates a guilty plea, YC will either:
- Sentence themselves; or
- Send to CC for sentencing if YC powers inadequate
If J indicates a not guilty plea
- Similar allocation procedure for MC with either-way offences
- YC will only decline jurisdiction if they believe sentencing powers would be inadequate if J convicted
- J doesn’t get a choice – if YC accepts jurisdiction, trial occurs in YC
Where can the YC sent an juvenile when making a bail decision?
YC has the power to remand J:
- On bail (with or without conditions) - bail decided on same grounds as for an adult ie are there substantial grounds to believe that CJ is likely to commit further offences or fail to surrender, and there are no bail conditions that could be placed on him to assuage the magistrates’ fears?
- Into LA accommodation or Youth Detention Accommodation; or
- In the case of 17-year-olds, into custody
Where court refuses bail, J may be remanded to LA accommodation or youth detention accommodation.
Give some more details about local authority accommodation
- Youth remanded in local care home or their own home under supervision
- 10–11-year-olds can only be remanded on bail or to LA accommodation, not to youth detention accommodation
- If J reaches the age of 12 during remand, they may go to YD accommodation at next court appearance, if conditions met
What is the starting point when considering whether to remand a juvenile in youth detention accommodation?
Starting point is that YC must consider best interests and welfare of the child, so presumption for 12–17-year-olds that they will be remanded into LA accommodation, rather than YD accommodation
For a juvenile to be remanded into youth detention accommodation, 4 sets of conditions must be met
What are these 4 sets of conditions?
1) J must be aged 12 to 17 years
2) J must usually have legal representation
3a) 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 and that it is ‘very likely the child will receive a custodial sentence’ for the present offence; or
3b) J will need to have a ‘recent and significant history’ of absconding whilst remanded to LA accommodation or YD accommodation; or
3c) A ‘recent and significant history’ of committing imprisonable offences whilst on bail or remand to LA accommodation or YD accommodation.
4) The court must believe a remand to YD accommodation is necessary either to protect the public from death or serious personal injury (physical or psychological) occasioned by further offences committed by J, or to prevent the commission by J of further imprisonable offences, and that the ‘risk posed by the child cannot be managed satisfactorily in the community’.
What 2 key things must the YC balance when sentencing?
YC must balance the seriousness of the offence and J’s previous record with the welfare requirements of J
What is the sentencing procedure in the YC?
Similar procedure to adult MC
- CPS gives facts of case (if J pleaded guilty)
- J’s solicitor gives a plea in mitigation
- Court will likely hear from P/G
Pre-sentence report by YOT must usually always be obtained before sentencing
- Court indicates the type of sentence they are considering, and report discusses the sentence’s suitability
- Great emphasis placed on report
In general, what are some of the key Sentencing Council guidelines for YC?
- Starting point is seriousness of offence, but approach should be individualistic
- Rehabilitation should be the focus, with custodial sentence as last resort, where no other sanction is appropriate
- Primary purpose of youth justice system is for Js to take responsibility for their actions and promote reintegration, rather than to punish
- Consider that Js may not fully understand their actions and may be susceptible to peer pressure
