Youth Court Procedure

Question 1

What is the principal aim of the youth justice system?

Answer 1

To prevent offending by children and young persons (CDA 1998, s37(1)).

All those working within the system must have regard to this aim.

Question 2

what is the extra aim when working within the youth court system?

Answer 2

The welfare of the defendant takes priority, so the approach is very different to that taken in adult court proceedings.

Question 3

Explain the role of the youth offending team (YOT).

Answer 3

YOTs are responsible for coordinating the provision of youth justice services in their local area.

Member of the YOT attends all sittings of youth court proceedings (and this is likely to be a member of the probation service trained to deal with young offenders).

Question 4

List the matters the YOT will help the youth court with.

Answer 4

1) Investigating and confirming personal circumstances and previous convictions of juveniles;

2) Providing support for juveniles who are granted bail;

3) Preparing pre-sentence reports;

4) Administering any non-custodial sentences imposed by youth court.

Question 5

Explain the role of parents and guardians in youth court proceedings.

Answer 5

Juveniles under 16 years old must be accompanied by parent or guardian during each stage of proceedings (unless court is satisfied it is unreasonable to require such attendance).

For juveniles aged 16 and 17, cut has discretion to make an order to require the attendance of parent or guardian.

Question 6

What is the role of a parent or guardian attending youth court proceedings as an accompanying adult?

Answer 6

They play active role in proceedings and attend each stage.

Court may pose direct questions to them and ask their views on things such as sentencing.

Question 7

List the only people permitted to attend youth court hearings.

Answer 7

• district judge or youth justice;
• CPS rep;
• D’s solicitor;
• parent or guardian;
• representative from YOT;
• members of the press.

Question 8

Explain the restrictions imposed on the press (as to what they can and cannot report).

Answer 8

They cannot report name, address or school of D (or any other details which could be used to identify D).

S78 CJCA 2015 allows lifelong restriction on reporting in respect of a victim or witness who is under 18 during the proceedings.

Question 9

Explain the rights to legal aid of juveniles.

Answer 9

All D’s under 18 automatically satisfy means test regardless of means.

Interests of justice test will apply in the same way as it does for adult D’s. However, age of D should be taken into account when determining whether to grant a representation order.

Question 10

Explain why the age of 10 is significant in criminal proceedings.

Answer 10

Below the age of 10, there is a conclusive presumption that one cannot be guilty of a criminal offence.

Above the age of 10, children are subject to the same criminal law as adults.

Question 11

What is a persistent young offender (PYO)?

Answer 11

A juvenile who has been sentenced on three septette occasions for one or more recordable offences (ie offences for which they could have received a custodial sentence).

A PYO will have their case expedited so the court can deal with it ASAP.

Question 12

What is the difference between a juvenile in the police station and a juvenile at youth court?

Answer 12

J’s at police station are offenders who are or appear to be under the age of 18.

J’s in youth court are offenders who are definitely under the age of 18 (appearance of age is irrelevant).

Question 13

What happens where D is 17 when they commit the offence, but have turned 18 by the time their case is heard?

Answer 13

The youth court have no jurisdiction and the case just be sent o the adult magistrates court.

If convicted, they can be sentenced as an adult.

Question 14

What happens if D is 17 in their first court appearance, but become 18 whilst the case is ongoing?

Answer 14

Youth court can choose either to keep the case or send to adult magistrates court.

If the youth court retain the case, they can use the full range of sentencing powers as the adult magistrates court can exercise.

Question 15

List and briefly explain the 5 circumstances where the juveniles case should be sent to the adult court (either magistrates or crown court) following the first appearance at the youth court.

Answer 15

1) Homicide offences (MUST be sent to the crown court);

2) Firearms offences (if juvenile is 16 at the time of the offence, it MUST be sent to the CC).

3) Grave Crimes:
- defined as cases where an adult D would receive custodial sentence of 14 years or over (eg robbery rape assault by penetration, s18 GBH).
- youth court may accept jurisdiction but can send to the CC for trial.
- youth court should send for trial if it considers max sentencing powers are not sufficient, and that long term detention would be more appropriate.

4) Specified offences - offences of violence or sexual offences MAY be seen to the CC, but only if D can be regarded as a dangerous offender. If the offence warrants an automatic life imprisonment, discretionary life imprisonment or an extended sentence they are likely to be sent to the CC.

5) Jointly charged with an adult:
- if adult is being tried in the CC juvenile may be sent to the CC but only where this would be necessary in the interests of justice.
- if adult is being tried in the magistrates, adult and juvenile will be tried together in the adult magistrates court (however young offender will be sent to youth court for sentence unless it is being dealt with by way of fine or discharge).

Question 16

Outline the different bail powers of the youth court.

Answer 16

Youth court has power to remand a juvenile:

• on bail ;
• into local authority accommodation; or
• into custody (only where D is 17 years old).

Question 17

Explain the plea before venue and allocation in relation to young offenders.

Answer 17

Applies to the cases where court may (but does not have to) send the juvenile to the CC.

IN such situations, juvenile will be asked to indicate their plea.

If guilty plea, youth court will either sentence or send to CC if their powers are not sufficient.

If not guilty plea is indicated similar allocation procedure is then followed to that in the magistrates court for adults tried with either way offences. Youth court will only decline jurisdiction and send case to crown court where they believe, if convicted, their sentencing powers are not sufficient.

Note tat if the youth court accepts jurisdiction after a not guilty plea, the juvenile cannot request trial in the CC (there is no right of election an the case has to be heard in the youth court).

Question 18

When is a juvenile remanded to local authority accommodation?

Answer 18

10 to 11 years olds who are refused bail can only be remanded in local authority accommodation.

They may also e allowed to return home under the purview of the local authority.

Question 19

Explain the sentencing procedure for juveniles.

Answer 19

CPS gives facts of the case to the magistrates (assuming the juvenile has pleaded guilty) and J’s solicitor then give plea in mitigation.

Court will likely want to hear from J’s parent or guardian.

Pre-sentence report prepared by the YOT must always obtain this report and the court will place great emphasis on the report when deciding the punishment.

Question 20

What is a referral order?

Answer 20

Must be made for a juvenile who pleads guilty to an offence which carries a possible custodial sentence and who has never previously been convicted or bound by a court (unless the court is proposing either a custodial sentence or to make an absolute discharge).

ROs cannot be made unless the juvenile pleads guilty to the offence with which they have been charged.

Question 21

What happens if the youth court makes a referral order?

Answer 21

J is referred to a youth offender panel comprising a member from the YOT and two community volunteers. Panel speaks to J and their family with a view to:

1) stopping further offending;
2) helping J right the wrong they did to their victim; and
3) helping J with problems they might have.

Panel will agree with J a youth offender contact. Terms of the contract are agreed between J and the panel members rather than the youth court.

Question 22

Can the youth court make a referral order where D has pleaded guilty to one offence but not to the others?

Answer 22

They can but they are not obliged to do so.

Question 23

What is a youth offender contract?

Answer 23

Programme of behaviour designed to prevent re-offending. It lasts between 3 and 12 months.

Question 24

What is a youth rehabilitation order?

Answer 24

Equivalent of a generic community order for adults.

Allows court to include one or more requirements to achieve punishment for the offence, protection of public, reduction in re-offending and reparation.

Can last for a period of up to three years.

Question 25

Explain the rights of appeal from the youth court.

Answer 25

Same rights of appeal as a defendant in the magistrates (as the youth court is magistrates court).

Question 26

What is a detention and training order?

Answer 26

Only type of custodial sentence the youth court can impose. Only justified if court believes the offence is so serious that neither fine alone nor community sentence can be justified. Can only be imposed on J's 12 or over. J's between 12 and 14 can only be subject to this order if court considers the J is a PYO (but this does not apply where J is over the age of 15). they can be imposed for a minimum of 4 months and a maximum of 24 months. Length of the order must be for the shortest amount of time the court believes is warranted by the offence or combination of offences D is found guilty of. It may only be imposed if the court received a YOT pre-sentence report that specifically addresses custody as a possible option.

Question 27

When will D be released under a detention and training order?

Answer 27

J held in detention in young offenders institution for half of the sentence, and then will be released into the community under the supervision of the YOT. The degree of supervision once released is decided by the YOT, but electronic tag is the most likely option.

Question 28

Can a young offender be ordered to pay a fine?

Answer 28

Yes - but if under 16 the fine must be paid by the parents.

Question 29

When can a detention order be imposed on a youth offender who is under the age of 15?

Answer 29

They can only do so if they are of the opinion that D is a persistent offender. This means that if they have no previous convictions, they cannot be classed as a persistent offender and therefore can't be subject to a detention order.

Question 30

What happens if D breaches the supervision element of their sentence?

Answer 30

They can be further punished for the breach.

Question 31

Can a detention and training order be served as a suspended sentence?

Answer 31

No.

Question 32

How does the youth court decide whether to grant bail to a young offender?

Answer 32

They usually obtain a report from YOT providing details of the juveniles antecedents and also their record in relation to previous grants of bail. report will also inform the court about D's home situation and school attendance, college attendance, or employment situation.

Question 33

When is a juvenile remanded to youth detention accommodation?

Answer 33

There is a presumption under statute juveniles will be remanded to youth detention accommodation rather than youth detention accommodation. This can be rebutted where the following 4 conditions are satisfied: 1) D must be between ages 12 and 17; 2) They must usually have legal representation; 3) Offence will need to be either a violent or sexual offence, or one for which: a) an adult could be punished with custodial sentence of 14 years - or b) D has a recent and significant history of absconding whilst remanded to local authority accommodation or youth detention accommodation; or c) D has a recent and significant history of committing imprisonable offences while on bail or remand to local authority accommodation/ youth detention; and 4) Court must believe a remand to the youth detention accommodation is necessary either to protect the public from death, serious personal injury or to prevent the commission by the juvenile of further imprisonable offences, and that the risk posed by the child cannot be managed satisfactorily in the community.

Question 34

What is the maximum sentencing power of the youth court in relation to detention?

Answer 34

24 months in custody (called detention for the purposes of youth court).

Question 35

Explain some of the procedural differences between the adult and youth magistrates court.

Answer 35

- legal terminology is kept to a minimum and simple language is used. - judges are not raised on a bench and there is no raised dock. - offender sits in front of CPS and their own solicitor (and can therefore only see judges or magistrates). - witnesses promise rather than swear their evidence (with child witnesses under the age of 14 giving unsworn evidence - same as in adult magistrates court). - D will be referred to by their first name.

Question 36

Explain the jurisdiction of the youth court.

Answer 36

Part of the magistrates court system. will take place in front of district judge or bench of youth justices. Youth court deals with cases for D's between ages of 10 and 17.

Question 37

What is the difference between a 'child' and a young person for the purposes of youth court proceedings?

Answer 37

Young people - between ages 14 and 17; Children - between the ages of 10 and 13.

Question 38

Can the court lift restrictions on reporting D's identity, identity of witnesses or victims (etc)?

Answer 38

Yes but must do so only where they are satisfied it is in public interest to reveal juveniles identity, and it provides some real benefit to the community (eg public awareness of the identity of a prolific offender).