Youths Flashcards
(44 cards)
What is the age of criminal responsibility?
10
What is a juvenile?
Someone under 18
What is an adult?
Someone 18 or over
What is a child?
Someone under the age of 14
Who is a young person?
Someone between 14 and 17
Who is a persistent young offender?
Someone guilty of 3 imprisonable offences in the last 12 months
Sentenced for a serious of separate, comparable offences at once which could be deemed persistent
Which judges sit in a Youth Court?
District Judge
No more than 3 magistrates
Do reporting restrictions automatically apply in the Youth Court?
Yes
Where are young people tried as the general rule? On what status?
Youth Court
General rule is that they are tried summarily - meaning that no allocation hearing held
Which circumstances may effect when a youth will not be charged in the youth court?
Age of offender at time of trial
Offence charged
Whether youth is jointly charged with an adult
What happens when someone tried if they are 17 when charged with an offence, but turn 18 before their first appearance in the Youth Court?
Youth Court has no jurisdiction - if convicted, D will be subject to the full range of sentencing powers open to the adult magistrates court and is remitted to adult MC
What happens if someone is 17 when charged with an offence, and turns 18 after their first appearance, but before trial?
D may be tried in the Youth Court or remitted to the adult MC
If the case is remitted to the adult MC - no right to appeal against the remission
What happens if someone is 17 when charged with an offence, but turns 18 during the trial, but before conclusion?
Youth Court can still deal with case and make an order as if the defendant is 17
Or, they can remit after conviction pre sentence
What is the maximum term of detention in the Youth Court?
24 months
who can a sentence of detention not be imposed upon?
Child 10-11
Who can only be jailed if they are categorised as a persistent offender?
Children age 12-14
Who must accompany a youth under 16?
A parent or guardian must accompany the youth at all stages of proceedings
Is youth court less formal than in the MC/ CC?
Yes: no robes, seated, chair not a dock, first name address, specially trained justices
What does the Sentencing Children and Young People Definitive Guideline say about youth justice?
- Court MUST have regard to aim of youth justice system (preventing offending by children and young people) and also the welfare of the child or young person
- Approach must be individualistic, not offence focused
- Sentence should focus on rehabilitation where possible
- Custody is a measure of last resort
- Consider effect sentence would have on the youth
- Consider underlying factors contributing to offending behaviour
What are the key elements to consider under the Guidelines when sentencing a youth?
- Age of child – time, development, emotional
- Seriousness of the offence
- Likelihood of further offences being committed
- Extent of harm likely to result from those further offences
- Avoid criminalising youths – promote reintegration
- Bear in mind lack of development
- Consider scaled approach
Can you carry out an intimate search on a child or young person?
Yes - if an appropriate adult is present
When will there be a plea before venue?
If the offence is a grave crime
Explain the process for a youth charged with a grave crime
1) Appear at the youth court
2) Court considers if offence is a grave crime
3) If yes - court will deal with plea
4) Both sides make representations
5) Test: is a sentence substantially in excess of 2 years a real prospect?
6) two year test met - youth goes to CC
7) two year test not met - youth remains in youth court with power to commit for sentence if necessary
What is a specified offence?
Violent, sexual or terrorism offence listed in Schedule 18 of the Sentencing Code Violent, sexual or terrorism offence listed in Schedule 18 of the Sentencing Code
