Youths Flashcards
AIms?
Youth system has two aims
- To prevent children and young people from RE-offending
- To have regard to the welfare of the child
Juvenile – under age 18
Child – under age 14
Young person – between 14 and 17
Youth courts are essentially magistrates’ courts, form of summary trial.
Youth court will consist of either
District judge siting alone OR
Not more than 3 lay magistrates
Youth court – is not a public court. Only the following can be present
- Members and officers
- Parties to the case
- Witnesses and other persons directly concerned in the case
- Bona fide representatives of newspapers or news agencies
Parents of guardians
- If person if under 16 – court MUST require a parent or guardian to attend with the youth at all stages of the proceedings.
- If between 16-17 court MAY.
Youth court informalities
- Lawyers and witnesses remain seated
- Lawyers are not robed
- Youth sits in a chair not in the dock and usually their parent or guardian sits next to the youth and; lawyers may sit next to their clients.
- Justices who sit on youth court are usually specially trainees.
Youth arrest and detention?
Juveniles have the same protection under PACE as adults with additional safeguards. A juvenile is treated as a vulnerable suspect and consequently further protective measures are used.
One of the main protections is attendance of appropriate adult.
Precautionary approach – with who is under 18
Adult responsible for juveniles’ welfare should be informed straight away, why he has been arrests and where he is being detained. The appropriate adult who may be the same person MUST also be informed.
Cannot be appropriate adult if
- Suspected of involvement in offence
- Are victim
- Are a witness
- A solicitor cannot be
The role of appropriate adult
- NOT SIMPLY TO ACT AS AN OBSERVER IN THE INTERVIEW
- PURPOSE IS:
- Advise the juvenile being questioned
- Observe whether the interview is being carried out fairly and properly
- Facilitate communication with the juvenile being interviewed.
AA can instruct a solicitor on behalf of juvenile. A detainee should always be given an opportunity to consult privately with solicitor in appropriate adults’ absence. AA not subject to legal privilege.
AA is not subject to confidentiality so should not volunteer information to police officer.
AA should be present when
- Juvenile is being read their rights
- Being strip searches
- Being interviewed
- Attending an identification procedure
- Being charged
Juvenile should not be interviewed or asked to sign anything in absence of an AA unless authorised by superintend or above and ONLY if they believe delay will have certain consequences and IS SATISFIED that the interview could not significantly harm the juveniles physical or mental state
Options after interview?
- No further actions
- Community resolution
- Youth caution
- Youth conditional caution
Detention of youths after charge at police station
- Decision to charge follows similar process as adults.
- Referral to the CPS
- First decision is whether bail should be refused – youth should be released on bail unless one or more of the grounds under s38 PACE exist. – additional ground for it to be denied in youth’s best interest.
- If youth is detained for court, then they should be places in local authority accommodation. UNLESS
- ITS impracticable for custody officer to do so
- For aged between 12-17 no secure accommodation is available.
Secure accommodation
- LA are not under a duty to provide this.
- If youth has breached bail or remand conditions the above doesn’t apply.
Court procedure?
Location of first hearing
- Most youths will have first hearing before the youth court – UNLESS
- Jointly charged with an adult
- Aiding and abetting and adult to commit an offence
- Adult is charged with aiding and abetting a youth to commit an offence
- Charged with an offence’s arisings out of same circumstances as an offence an adult is charged with.
Pleas
- Court will ask youth to enter a plea on first occasion.
- If enters a guilty plea – court should endeavour to pass sentence on the same day.
- If not guilty – the parties will be asked to complete a case management form and directions will be made for the future management of the case.
Crown court for youths?
Trial in youth court is akin to that in magistrate’s court
- Most are tried in youth court notwithstanding the seriousness of the offence.
- Presumption applies even with indictable only offences.
- Youth has no right of election to crown court when charged with an either way offence
Crown court for youths
- Certain situations where a youth MUST be tried in crown court
- When charged with homicide – FIRST HEARING IN YOUTH COURT
- Certain firearms offence
- Grave crime
- Cases where child is the victim
- With an offence under s306 – and it appears youth is found guilty – dangerous offender
- Charged with an adult who has been sent to crown court AND In interests of justice
Plea before venue? Grave crime?
- Generally, no plea before venue. HOWEVER, it applies:
- When youth charged with an offence capable of being a grave crime under s249 SA
- Youth charged with an adult with an either way or indictable only offence
- When deciding mode of trial – court should hear retransitions from both the prosecution and defence.
- When several defendants under 18 – each one should be considered individually.
What are grave crimes
- S250 SA – provides punishment for youths on certain serious offences.
- S249 SA defines what’s capable of being a grave crime.
- Any offence that in the case of an adult carries 14 years or more imprisonment
- Offences under ss3 13, 25 and 26 of the sexual offences act 2003.
- S250 allows a crown court to sentence a youth to any length of detention available to adults. Power used when maximum sentence for youth court is not sufficient.
Grave crimes – plea before venue/mode of trial
- Youth is asked to indicate a plea – if not guilty then youth court must consider whether if convicted of offence it ought to be possible to impose a sentence under s250 SA. If they consider it should be so then they must send it to crown court. So there considering whether their maximum sentencing powers of 2 years detention would be sufficient.
- If guilty plea is indicated – this is taken as a plea of guilty. Court then considers whether their sentencing powers are sufficient
- Whether s250 applies is a 2-stage test
- Is it an offence capable of being a grave crime. Does s249 apply?
- If yes, then is the appropriate sentence one of over 2 years detention.
- If it’s more than one offence court can consider combined seriousness of all offences.
- REALLY ONLY FOR THE MOST SERIOUS CASES
Danegrous offenders?
S51A of crime and disorder act provides for youths who are considered dangers to be sent to crown court. This applies when:
- Offence is a specified offence within the meaning of s306
- It appears that if he is found guilty the criteria for the imposition of a sentence of extended detention under s254 SA would be met.
If BOTH GROUNDS ARE MET MUST BE SENT DIRECTLY TO CROWN COURT.
Criteria for imposing an extended detention sentence under s254 SA is:
- Youth convicted of a specified offence s306
- Cout considers there is a significant risk of serious harm to the public from the youth committed further specified offences. AND
- The offence warrants the equivalent determinate sentence of at least 4 years.
- Extended sentence is made up of an appropriate custodial sentence plus and extended licence period.
Dangerous offences and grave crimes
- Certain offences are capable of being both specified within s306 and grave crimes.
- Dangerousness should be considered first
Tried with adult?
Adult is sent for crown court trial – youth indicate not guilty plea
- If magistrates have determined that adult is sent to crown court then they MUST proceed to mode of trial procedure.
- Criterion is whether necessary in the interests of justice to send youth to be tried with adult.
- If youth is sent for trial under this provision, then call also be sent for trial for any related indictable offence with which the youth is charged
- Prosecution and defence make representation as to whether it is in interests of justice to send the youth to crown court or not.
o Have to balance competing interests.
o Like giving evidence twice
o Age gap between child or young person
o Lack of maturity
o Relative culpability of child
- If decide to tried with adult – then youths’ case will be sent to crown court for PTPH alongside adult – otherwise will remain in the youth court and will have trial there.
- Once a youth is in crown court – no power to remit the youth back to youth court for trial.
- If the joint offence, is one capable of being a grave crime – have to consider the 2-year test.
Adults to be tried summariy?
youth indicate a not guilty plea
- If adult consents to summary trial = youth could be tried in adult magistrates if:
a) Youth and adult jointly charged with any offence – adult magistrates MUST try them both
b) Youth charged with aiding and abetting adult – adult magistrate may try them together
c) Youth and adult charged with offences resulting out circumstances – adult magistrates MAY try youth.
- If in b and c the adult court do not try them together, they will remit youth back to youth court.
Adult pleads guilty – youth indicated not-guilty plea
- If adult pleads guilty at plea before venue stage and youth indicated a not guilty plea – adult magistrates MAY try the youth without the adult but are more likely to remit the youth-to-youth court.
Youth indicates guilty plea or is found guilty
- If youth indicate a guilty plea, then magistrates need to consider whether sentencing powers are enough
- Remit to youth court for sentence.
Youth with adult - idnictable only?
Youth jointly charged with adult – indictable only offence
- First appearance magistrates
- If youth charged with homicide – sent to crown court
- If youth charged with grave crimes – 2-year test is met then sent to cc trial with adult if they plead not guilty
- If not grave crime or 2-year test is not met -if youth plead guilty
- Send to sentence or remit to youth for sentence
- If not guilty = apply interests of justice test
