Youths Flashcards
(120 cards)
1
Q
What are the specific aims of the youth justice system?
A
- prevent children and young people from offending
AND
- to have regard to the welfare of the child or young person
2
Q
Can a child under the age of 10 be guilty of an offence?
A
No
3
Q
What age range is the youth justice system concerned with?
A
Those aged between 10 and 17
4
Q
Who is a juvenile in law?
A
A person aged under 18
5
Q
When is a person an adult in law?
A
18 or over
6
Q
At what age can a person no longer go to a Young Offender Institution?
A
Aged 21 or over
7
Q
When is a person a child in the criminal justice system?
A
When they are under the age of 14
8
Q
When is a person a young person in the criminal justice system?
A
When they are aged 14 and over but less than 18
9
Q
What form of trials take place in youth courts?
A
Summary trials whether indictable offence or not
10
Q
How is a youth court composed?
A
- one district judge sitting alone
OR
- no more than three magistrates
(They must have specialist training to sit in the youth court)
11
Q
Is the youth court a public court? What are the consequences of this?
A
It is not a public court.
Automatic reporting restrictions apply
Limited people can be present in the youth court ie those connected with the case only
12
Q
Are the public excluded for adult magistrates’ court or crown court when a youth is appearing there as a defendant or a witness?
A
No they are not excluded
13
Q
What happens if the accused is under 16 in relation to parents or guardians?
A
The court must require the parent or guardian to attend with the youth at all stages of the proceedings ‘unless the court is satisfied that is would be unreasonable to do so, having regard to the circumstances of the case
14
Q
What happens if the accused is 16 or 17 in relation to parents or guardians?
A
The court may require a parent or guardian to attend.
15
Q
Who is a guardian and parent in youth court case?
A
- parent includes adoptive parent
- guardian is anyone who has for th time being the care of the child or young person
16
Q
What happens if the accused is in the care of the LA?
A
Then a representative of the LA must (or may if accused is 16 or 17) attend court instead of or in addition to the parent
17
Q
How are youth courts more informal than the adult magistrates’ court and the Crown Court?
A
- lawyers and witnesses remain seated
- lawyers are not robed
- the youth sits in the chair not in the dock and usually their parent or guardian sits next to the youth and lawyers may sit next to their client
- rather than communicating via the solicitor, magistrates prefer to talk directly with the defendants and their parents
- justices who sit on youth court benches are specially trained
- the youth and any youth witnesses are addressed by their first names
- if the youth or youth witness needs to take an oath this will be ‘to promise’ to tell the truth as opposed to swear as the adult magistrates’ court
- the language used is different eg finding of guilt is a conviction and order made on a finding of guilt is a sentence
18
Q
What have the E Court on HR said in relation to trial involving children?
A
The child must have a broad understanding of the trial process and what is at stake and any other change to ensure effective participation
19
Q
What protections do those aged 17 and under have at the police station?
A
They have all the protections under PACE as adults but there are a number of additional safeguards
20
Q
What protection is afforded by the Appropriate Adult?
A
They attend the police station and look after the suspects welfare (they are not just for juveniles)
21
Q
Who is to be afforded the protection given to juveniles at police stations?
A
Anyone who appears to be under the age of 18 shall in the absence of clear evidence be treated as a juvenile
If in doubt, then person will be detained as a juvenile
22
Q
Who should be informed of juvenile’s arrest? What else will they be told?
A
- person responsible for their welfare must be informed of arrest, reason for arrest and where they are being detained
- appropriate adults (who may be the same person) must also be contracted, informed of arrest , grounds for detention and whereabouts of juvenile. They must also be asked to attend the police station.
23
Q
Who can be an appropriate adult?
A
- the parent, guardian or anyone else with parental responsibility
- social worker
- any other responsible adult who is not a police officer
24
Q
Who should not be an appropriate adult?
A
- if they are suspected of involvement in the offence
- if they are a victim of the offence
- if they are a witness to the offence
- if they involved in the investigation
- if they have received admissions prior to attending to act as the AA
- someone who is not independent f the police
25
Can an a solicitor or independent custody visitor present at the police station and acting in that capacity be an appropriate adult?
No
26
Can an estranged parent be asked to act as AA?
Not if the juvenile specifically objects to it
27
What should happen if the juvenile admits to an offence in the presence of a social worker or member of a youth offending team other than during the time that person is acting as the juvenile's appropriate adult?
Another appropriate adult should be appointed in the interests of fairness
28
What should happen if the juvenile is vulnerable in relation to appointing an appropriate adult?
May be more satisfactory if the appropriate adult is someone experienced or trained in their care rather than a relative lacking such qualifications
But if the juvenile prefers a relative to a better qualified stranger their wishes should, if practicable be respected
29
What is the role of the appropriate adult?
They are to:
- advise the juvenile being questioned
- observe whether the interview is being conducted properly and fairly and
- facilitate communication with the juvenile being interviewed
In essence they are there to help the juvenile cope with the demands of custody and questioning and to appreciate the seriousness of the situation
30
What rights does an AA have?
- they can instruct a solicitor on behalf of the juvenile
- they can consult with the juvenile in private at any time and also to consult the custody record
31
Is an AA subject to legal privilege and duty of confidentiality? Are there any consequences flowing from this?
An AA is not subject to legal privilege and duty of confidentiality.
The AA may volunteer information to the police that would otherwise be confidential
A solicitor should see a juvenile at least initially without the AA.
32
When should the AA be present with the juvenile?
- when they are being read their rights
- when they are being strip searched or subjected to an intimate search
- when being interviewed
- when attending an identification procedure
- when being charged
33
When can a juvenile be interviewed or asked to sign anything without an AA being present?
When it has been authorised by someone of at least superintendent rank and only if they believe delay will have certain consequences and are satisfied that the interview would not significantly harm the juvenile's physical or mental state
34
What must happen if the juvenile is cautioned in the absence of an AA?
The caution must be repeated in the AA's presence
35
What role does juvenile's parent/guardian have in ID procedures?
Their consent is need in addition to the juvenile's consent for participation in any ID procedure.
If the juvenile is under 14, then the consent of the parent alone is sufficient
36
What are the options for the police and prosecution after interviewing a child and young person accused of an offence?
- no further action
- community resolution
- youth caution
- youth conditional caution
- charge
37
How is it decided whether a youth should be granted bail after charge?
Same principles apply to youth offenders as they do to adult offenders
So youth should be released on bail unless one or more of the grounds contained in s 38 exists which are the same as for adults with addition of additional ground of it being 'in their own interest' to be detained
38
If bail has been refused, where should the youth be detained for court?
They should be placed in local authority accommodation unless
- it is impracticable for the custody officer to do so ie physically impossible or
- in the case of a youth aged 12-17, no secure accommodation is available and other local authority accommodation would not be adequate to protect the public from serious harm
Note LA's under no duty to provided secure accommodation when a request is made.
Custody officers should do everything practicable to place detainee in LA accommodation opposed to police station
39
Can the juvenile's behaviour or nature of offence be factored in when the custody officer decides whether it is practicable to place them into local authority care?
No
40
What effect is the youth being arrested because of alleged breach of bail or breach of remand conditions?
Then their right to be placed in local authority accommodation as far as practicable does not apply and they can be held in police custody
41
What is the purpose of disposing of a youth offender through an out of court disposal?
To reduce the risk of further offending by the youth and serve as a proportionate response to the crime committed
42
What is a youth caution?
It is a formal out-of-court disposal and is the final step before prosecution.
The police must refer a youth who has received a youth caution to the youth offending team
43
What statutory criteria must be satisfied for a youth caution to be used?
- the police are satisfied that there is sufficient evidence to charge the youth with the offence
- the youth admits the offence to the police
- the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence
44
When can the police issue a youth caution for an offence that is indictable only in the case of adult?
When they have the authority of the CPS to do so
45
Can a youth receive a youth caution if they have previous convictions, reprimands, warnings, youth convictions, and youth conditional cautions?
Yes
46
Where will most youths have their first hearing?
Before the youth court
47
When will youths have their first hearings before the adult magistrates' court?
When:
- the youth is jointly charged with an adult
- the youth is charged with aiding and abetting an adult to commit an offence
- an adult is charged with aiding and abetting a youth to commit an offence
- the youth is charged with an offence that arises out of the same circumstances as, or is connected with, an offence that an adult is charged with
48
What is the only circumstance where an adult will appear before the youth court?
Where an youth becomes an adult during the course of proceedings (ie after the first hearing)
49
What will happen if the youth enters a guilty plea in the youth court?
The court should endeavour to pass sentence on the same day but may need to adjourn for a pre-sentence report to be prepared
50
What will happen if the youth enters a not-guilty plea in the youth court?
The parties will be asked to completed a case management form and directions will be made for the future management of the case
51
Does the youth have the right of election to the Crown Court when charged with an either-way offence?
No
52
When must a youth be tried in the Crown Court?
- when they are charged with homicide (murder or manslaughter)
- youth charged with certain firearm offence or offences of minding a weapon under s 28(3) VCRA where if convicted the youth would be subject to a mandatory minimum sentence
- youth charge with offence which s 249 SA 2020 applies to and the youth court has determined that if convicted a sentence beyond its powers should be available (grave crimes)
- youth charged with a specified offence under s 306 SA 2020 and it appears to the court that if the youth is found guilty or pleads guilty the criteria for imposing an extended sentence under s 254 SA 2020 will be necessary (dangerous offender)
- youth jointly charged with an adult who has been sent to the Crown Court and it is in the interests of justice to send the youth to the Crown Court for trial
53
When will there be a plea before venue/mode of trial?
Normally there won't be one in the youth court. Exceptions are:
- if youth is charged with an offence capable of being a grave crime under s 249 SA 2020
- youth jointly charged with an adult with an either-way or indictable only offence
54
What happens if there is to be a plea before venue/mode of trial and there are multiple defendants under 18 all charged together?
The court must consider each defendant separately
55
What might happen is the accused behaves in a disorderly manner at the plea before venue?
The plea before venue can be carried out in their absence provided that the youth is legally represented
56
Who will administer a plea before venue hearing?
A single justice
57
What crimes are capable of being a grave crime?
- an offence that if carried out by an adult would carry 14 years or more imprisonment
- certain offences under the sexual offences act 2003
58
What is the effect of s 250 SA 2020 on sentencing for grave crimes and when will it be used?
It allows the Crown Court to sentence the youth to any length of detention which would be available if they were an adult.
It will be used where the maximum sentence available to the youth court is not sufficient (essentially 2 years)
59
What happens with plea before venue/mode of trial for grave crimes if the youth indicates not guilty?
Youth court must decide whether if accused is convicted it ought to be possible to impose a sentence under s 250. If yes then they should be sent to the Crown court for trial. In essence they must consider if two years' detention would be sufficient (with regards also to youth's previous convictions).
60
What happens with plea before venue/mode of trial for grave crimes if the youth indicates they are guilty?
Court moves on to consider whether their sentencing powers are sufficient ie whether sentence over two years' detention is necessary.
61
What should the court consider in relation to grave offences where the youth is charged with multiple offences but not all of them would constitute grave offences?
The court can consider the combined seriousness of all the offences to see if s 250 applies
62
When will a youth be considered dangerous they must be tried in the Crown Court?
If both the following are met
- the offence is a specified offence within the meaning of s 306 SA 2020
- it appears to the court that, if he is found guilty, the criteria for the imposition of a sentence of extended detention under s 254
Any related offences may also be sent
63
What is the criteria for imposing a sentence of extended detention for youths?
- the youth is convicted of a specified offence
- the court considers there is a significant risk of serious harm to the public from the youth committing further specified offences
AND
- the offence warrants the equivalent determinate sentence of at least four years
64
What is an extended sentence for youths made up of?
The appropriate custodial term plus an extended licence period (same as adults)
65
What happens if jurisdiction is retained in the youth court but further information comes to light during or after the trial which leads the court to conclude on conviction that the youth should be sentenced under the dangerousness provisions?
The court have the power to commit to the Crown Court for sentence
66
Where a crime may be both dangerous and grave, what should be considered first?
The dangerousness grounds should be considered first
67
What should happen if the youth is jointly charged with an adult and the first appearance is in the magistrates court with the adult?
The court needs to consider first where the adult should be tried then where the youth should be tried.
68
What should happen if the youth is jointly charged with an adult and the youth's first appearance is in the youth court without the adult?
The youth court needs to where the adult who is jointly charged is being tried in deciding where the youth should be tried
69
What will happen if the youth is jointly charged with an adult who is sent to the Crown court for trial and the youth indicated a not guilty plea?
Needs to be considered whether it is necessary in the interests of justice to send the youth for trial with the adult in the Crown Court
70
What will happen if the youth is sent to be tried in the crown court with an adult it is jointly charged with and the youth has other related offences?
- related indictable offences can also be sent for trial in the Crown court
- related summary offences can only be sent if they are also punishable with imprisonment or involve disqualification from driving
71
What must the court try to balance in deciding whether or not to send a youth to be tried with an adult outside of the youth court?
- witnesses may have to give evidence twice
- youth court may reach different inconsistent verdict forecourt trying adult
- the youth court is the best equipped court to deal with youths
72
What guidance must the court consider in determining what court the youth should be tried in?
a) whether separate trials will cause injustice to witnesses or to the case as a whole (consideration should be given to the provisions of sections 27 and 28 of the Youth Justice and Criminal Evidence Act 1999)
b) the age of the child or young person; the younger the child or young person, the greater the desirability that the child or young person be tried in the youth court
c) the age gap between the child or young person and the adult; a substantial gap in age militates in favour of the child or young person being tried in the youth court
d) the lack of maturity of the child or young person
e) the relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor
f) the lack of previous findings of guilt on the part of the young person or child
73
What happens if the court decides that youth should be tried with the adult in the Crown Court?
The youth's case will be sent to the Crown Court for a Plea and Trial Preparation Hearing alongside the adult
74
What happens if the court decides not to send the youth to the Crown Court for trial with the adult?
The youth's case will be in the youth court
75
Can a youth lawfully before a Crown Court for trial be sent back to youth court?
No there is no power to remit the youth
76
Can a youth lawfully before a Magistrates' Court for trial be sent back to youth court?
They do have the power to remit to the youth's court and normally will where the adult pleads guilty as the youth court is best equipped to deal with the youth defendants
77
What happens if the adult consents to summary trial in the magistrates court and the youth indicates a not guilty plea?
The youth can be tried in the magistrates' court if any of the following apply:
- youth and adult jointly charged with any offence = adult magistrates' court must try them both
- youth charged with aiding and abetting adult (or vice versa) = adult magistrates may try them both together or remit youth to youth court
- youth and adult charged with offences arising out of the same circumstances = adult magistrates may try youth or remit youth to youth court
78
What happens if the adult pleads guilty and the youth indicates a not guilty plea?
Magistrates court may try the youth without the adult but are more likely to remit to the youth court for trial
79
What happens if the youth indicates a guilty plea or is found guilty in the magistrates court?
Magistrates court needs to consider if their sentencing powers are appropriate.
If not then they will remit youth to the youth court for sentencing
80
When can a child or young person be tried jointly with an adult in the Crown court?
Can only happen where it is in the interest of justice for the child or young person and the adult to be tried jointly
81
When is it in the interests of justice?
- whether separate trials will cause injustice to witnesses or to the case as a whole
- the age of the child or young person - the younger the child or young person, the greater the desirability that the child or young person be tried in the youth court
- the age gap between the child or young person and the adult - a substantial gap in age militates in favour of the child or young person being tried in the youth court
- the lack of maturity of the child or young person
- the relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor
- the lack of previous findings of guilt on the part of the child or young person
82
What happens with sentencing if the youth is tried in the Crown court with an adult and is found guilty?
The court must remit the case to the youth court unless it would be undesirable to do so.
Exception being homicide which must be sentenced in the Crown Court.
83
What will the crown court consider in deciding if it is undesirable to remit youth to youth court on finding of guilt?
Court should balance need for expertise in the sentencing of children and young people with the benefits of the sentence being imposed by the court which determined guilt given that the judge who heard the trial will sentence the adult
84
What are the overarching guidelines for the court to consider when sentencing a juvenile?
- the principal aim of the youth justice system (to prevent re-offending by children and young people)
- the welfare of the child or young person
- the age of the child or young person (chronological, developmental and emotional) which requires a different approach to that which would be adopted in relation to the age of the adult
- the seriousness of the offence which is determined in the same way as for adults by assessing the culpability and harm
- the likelihood of further offences being committed and
- the extent of harm likely to result from those further offences
85
When will the court be under a duty to make a parental bind over or parenting order?
When it would be desirable in the interest of preventing the commission further offences
Discretionary power where young person is aged 16 or 17
86
What is the consequence of a breach of a parental bind over or parenting order?
Will be a criminal offence punishable by fine in Magistrates court
87
What is the relevant age for the purposes of sentencing?
The age of offender at the date of conviction not commission of offence
88
What effect will the age of the youth have?
Increase in age will have effect sometimes on the maximum sentence available
89
What is a persistent offender and why is it of relevance?
Of relevance as some sentences can only be imposed on persistent offenders.
No statutory definition but:
- if there have been three findings of guilt in the past 12 months for imprisonable offences of a comparable nature then likely persistent offender
- a child or young person being sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time then the court could justifiably consider the child or young person to be a persistent offender even if no previous convictions
90
When can the youth court commit a youth to the Crown Court for sentencing?
- youth is convicted of a grave crime offence under s 249 SA 2020 and the court considers a Crown Court should have power to deal with the offender by imposing a sentence of detention under s 250 SA
- committal for sentence of dangerous young offenders
- committal for sentence for related offences
91
What sentencing powers does the Crown Court have if a youth has been committed there for sentence from the Youth Court?
CC can deal with the youth in any way in which it could deal with the youth had they been convicted of the indictment before the court.
92
Are all the sentences available to youths available in all courts?
No some are specific to certain courts
93
What types of sentences are available for youths?
- absolute or conditional discharge and reparation orders for the least serious offences
- financial orders (fines)
- community orders are called youth rehabilitation orders (YRO). The offence must be serious enough in order to impose YRO
- a referral order is the mandatory sentence in youth or magistrates' court for most young people who have committed an offence for the first time and have pleaded guilty to an imprisonable offence
- custodial sentences are called detention and training orders (DTO) and can only be imposed if the statutory threshold has been passed
94
What non-custodial sentence are available for youths?
* youth rehabilitation orders (no statutory minimum, maximum 36 months);
* referral orders (minimum 3 months, maximum 12 months).
* reparation orders; and
* orders against parents, e.g. binding the parents over or making a parenting order.
95
When will a court pass a youth rehabilitation orders?
Court must be satisfied the offence is serious enough to warrant it (offence does not have to be imprisonable)
96
What rehabilitation order requirements can a court pass for a youth?
* activity requirement;
* supervision requirement;
* unpaid work requirement
* programme requirement;
* attendance centre requirement;
* prohibited activity requirement;
* curfew requirement;
* exclusion requirement;
* electronic monitoring requirement;
* residence requirement;
* local authority residence requirement;
* fostering requirement;
* mental health treatment requirement;
* drug treatment requirement;
* intoxicating substance requirement;
* education requirement; and
* intensive supervision and surveillance requirement.
97
What specific requirements can the court order for 16 and 17 years old only and when?
- unpaid work
- residence requirement
Only if the offence is imprisonable AND the custody threshold has been passed
98
What specific restrictions can the court order on children and young people aged under 15 and when?
Only if the offence is imprisonable AND the custody threshold has been passed
- intensive supervision and surveillance requirement
- fostering requirement
99
What is a referral order?
Requires an offender to attend each of the meetings of a youth offender panel established for the offender by a youth offending team, and to comply, for a particular period, with a programme of behaviour to be agreed between the offender and the panel. Essentially, they are in the form of a contract.
100
What is the minimum and maximum term for a referral order?
Minimum term is 3 months and maximum term is 12 months
101
When will a referral order be discharged and what is the consequence of discharge?
- will be discharged when the order is spent
- leaves youth with clean slate
102
When must the court order a referral order ie it is mandatory?
* where the young offender has not previously been convicted of an offence, and
* The young offender pleads guilty to an imprisonable offence and any other offence being dealt with by the court at the same time (these other offences are called ‘connected’ offences).
103
When does the court not have to make a mandatory referral order even though the conditions are met?
If the sentence is fixed by law or the court proposes to impose a custodial sentence, hospital order, or absolute or conditional discharge
104
When is it discretionary for the court to make a referral order?
When an offender is on their second or later conviction
AND/OR
The offender pleads guilty to the offence or a connected offence being dealt with by the court
105
When can the court not make a referral order?
- sentence is fixed by law or
- court feels that an absolute or conditional discharge is justified or
- the court is proposing to make a hospital order or
- the court considers that custody is the only correct disposal
106
What happens if the young offender breaches a referral order or is convicted of another offence while subject to a referral order?
They may be referred back to the youth court where:
- youth court may then revoke the referral order and deal with the youth in any manner in which he could have been dealt with for that offence
- youth court may order the young offender to pay a fine or extend the length of the contract period.
107
What happens if young offender breaches Youth Rehabilitation Order?
The court can:
* take no action and allow the order to continue in its original form;
* impose a fine (up to £2,500) (and allow the order to continue in its original form);
* amend the terms of the order; or
* revoke the order and re-sentence the child or young person.
108
What is the only custodial sentence available to the Youth Court?
A Detention and Training Order
109
When should a custodial sentence be imposed on a youth?
- as a last resort
- where an offence is so serious that neither a fine alone nor a community sentence can be justified
- offence must be imprisonable in the case of an adult
110
What restrictions are there on the Youth Court imposing a Detention and Training Order?
* No DTO can be imposed by the Youth Court on any offender aged 10 or 11;
* No DTO can be imposed by the Youth Court on anyone aged 12-14, unless they are a
persistent offender;
* The minimum length of a DTO is 4 months;
* The maximum length of a DTO is 24 months;
*ADTO may only be 4, 6, 8, 10, 12, 18 or 24 months long;
* Consecutive DTOs can be imposed up to an aggregate of 24 months.
111
What courts can impose a DTO?
The youth court or the Crown Court
112
How is a DTO spent?
First half in a secure youth detention centre and second in community under supervision overseen by youth offending team
113
What advice does the sentencing guidelines give of DTOs?
- the term of a custodial sentence must be the shortest commensurate with the seriousness of the offence
- any case that warrants a DTO of less than four months must result in a non-custodial sentence
114
When will long-term detention under s 250 for grave crimes by the Crown Court be appropriate?
If found guilty of grave crime and neither a community order nor DTO are appropriate
115
What custodial sentences are available for dangerous young offenders?
They can be sentenced by the Crown Court for extended detention or for life
116
What custodial sentences is available for murder?
Mandatory detention at His Majesty's pleasure with starting point of minimum term of 12 years
117
When will there be detention in a Young Offenders Institution?
Usual custodial sentence for those aged before 18 and 21
118
What sentences can the Youth Court pass down?
Absolute discharge
Conditional discharge
Fines - limited
Referral order
Reparation order
Youth rehabilitation order
Detention and training order
Parenting order
Parental bind over
119
What sentences can the adult magistrates' court pass down to a youth offender?
Absolute discharge
Conditional discharge
Fines - limited
Referral order
Parenting order
Parental bind over
120
What sentences can the Crown court pass down to a youth offender?
Absolute discharge
Conditional discharge
Fines (no limitation)
Reparation order
Youth rehabilitation order
Detention and training order
Parenting order
Detention for a specified period s. 250 Sentencing Act 2020
Extended detention for ‘dangerous offenders’
Life for ‘dangerous offenders’
Detention at His Majesty’s Pleasure (murder)
