Youth Justice Flashcards
A parenting order may require a parent or guardian to both…
Comply with a requirement (such as escorting child to school) which lasts up to 12 months
And attend weekly counselling which can last up to 3 months
The courts want to impose a parenting order. The mother wants to the parenting order to consider the fact that she visits her elderly mum in hospital. Must the court consider this?
No only interfering with attendance at school
Conflicting with religious beliefs
Interference with work patterns
9 year old catapults a window. What can the magistrates do?
Make a parental compensation order on the civil standard of proof if
A child under the age of 10 has taken, or caused loss of or damage to property in the course of either:
Committing an act which, if he had been 10 or over would have constituted an offence
Or acting in a matter which would have caused harassment, alarm or distress
And that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.
£5000 max fine
Freddie has damaged a window but he is 8 years old. A parental compensation order is made. Can a child safety order also be imposed?
Yes - they have committed a criminal act.
They must comply with any requirement specified and be placed under supervision of a YOT for between 3 months and 12 months.
If i came across a child and i suspect that they are truanting. Can i remove them?
No must be believe
What happens if i find an excluded child during school time in public?
If they have no reasonable justification for being in a public place, i may remove them to designated premises.
How many youth cautions can a child have?
No limit
Can a parenting order be made against persons that are not legal guardians?
Yes, provided the court’s opinion is that they are caring for AUDREY.
A guardian is defined as any person who, in the opinion of the court, has for the time being the care of a child or young person (s. 117(1)). It is not a matter of ‘legal’ guardianship (even if somebody has temporary care and control of a child), as it is the court that will decide who is “in fact” a ‘guardian’
STEVEN has been subject to a child safety order which he has breached.
Provided it is proved to the satisfaction of the court that a child has failed to comply with any requirement included in the order what further action can the court take?
Child safety orders are designed to help prevent children under 10 from turning to crime. Such orders are concerned with the child’s potential offending behaviour and in practice are likely to be used in conjunction with parenting orders under s. 8 of the Crime and Disorder Act 1998 but this will not be used where a child safety order is breached; answers C and D are therefore incorrect. Where it is proved to the satisfaction of the court that a child has failed to comply with any requirement included in the order, it may discharge the order and make in respect of the child a care order
Jimmy (8) breaches a child safety order. What can the court do?
Child safety orders are designed to help prevent children under 10 from turning to crime. Such orders are concerned with the child’s potential offending behaviour and in practice are likely to be used in conjunction with parenting orders under s. 8 of the Crime and Disorder Act 1998 but this will not be used where a child safety order is breached; answers C and D are therefore incorrect. Where it is proved to the satisfaction of the court that a child has failed to comply with any requirement included in the order, it may discharge the order and make in respect of the child a care order
A young man has been convicted of an offence and under the Powers of Criminal Courts (Sentencing) Act 2000 his parents have been asked to enter into a recognizance to take proper care of him and exercise proper control over him.
For how long can this recognizance be imposed?
Up to 3 years or until the youth is 18 whichever is the shorter.
The powers conferred by this section are as follows—(a) with the consent of the offender’s parent or guardian, to order the parent or guardian to enter into a recognizance to take proper care of him and exercise proper control over him; and(b) if the parent or guardian refuses consent and the court considers the refusal unreasonable, to order the parent or guardian to pay a fine not exceeding £1,000; and where the court has passed a community sentence on the offender, it may include in the recognizance provision that the offender’s parent or guardian ensure that the offender complies with the requirements of that sentence.” The recognizance can be imposed on the parent or guardian for up to three years or until the offender is aged 18, whichever is the shorter
AMBROSE, who is aged 6 years, has been responsible for causing alarm, harassment and distress to his neighbours and the magistrates’ court is considering a child safety order under s. 11 of the Crime and Disorder Act 1998.
Can a child safety order be issued?
Yes, on these factors alone a child safety order could be issued.
Can youths do guilty plea in post like adults?
Yes if over 16 only.
No need for co-signing by parents.
Does the mitigation have to be relevant to the case for it to be read out?
No - any statement of facts and mitigation must be read out. No mention of relevance.
For truants who is responsible for instigating the power to remove them to designated premises?
Super
In relation to a breach of a parenting order, what is the offence?
The parent would commit an offence if they fail without reasonable excuse to comply with the requirements included in the order or specified in directions given by the responsible officer.
At a youth offender panel, can they make the youth do something they don’t agree to?
No
This is a programme of behaviour to prevent re-offending, but it has to be agreed between the offender and the panel
At a youth offender panel what measures can be agreed?
The measures may include: financial or other reparation to the victim; attendance at mediation sessions; unpaid work or service; curfew requirements; educational attendance; rehabilitation for drugs or alcohol misuse and therefore answer C is incorrect.
Must a court bind over parents if a child has been convicted of an offence?
No
Although it does have to state in open court why they haven’t
How long does a parenting order last?
For a period not exceeding 12 months
