Youths - Jointly Charged with Adults

Question 1

When will a youth’s first hearing be in the adult Mags Court?

Answer 1

• Jointly charged with an adult
• Charged with aiding/abetting an adult
• Adult charged with aiding/abetting youth
• Charged with an offence arising out of the same circumstance as an adult’s offence

Question 2

What happens if youth is charged with homicide or serious specified offences?

Answer 2

Youth must be sent to Crown

Question 3

What test is applied if the adult is sent to the Crown Court and the youth could be tried separately?

Answer 3

• the Interests of Justice test (IOJ)

Question 4

What is the two year test for grave crimes?

Answer 4

Whether sentence substantially exceeding 2 years would likely be necessary?

Question 5

What happens if the two-year test is met?

Answer 5

Youth is sent to Crown for trial or committed there for sentence

Question 6

If two-year test is not met, what happens to the Youth?

Answer 6

Youth remains in Youth Court unless IOJ requires a Crown trial

Question 7

If the Youth is sent to Crown with the adult, what happens next?

Answer 7

Youth attends a Plea and Trial Preparation Hearing alongside the adult

Question 8

Can the youth be remitted back to the Youth Court once in the Crown?

Answer 8

No - once lawfully before Crown for trial, the youth cannot be remitted

Question 9

If youth is convicted at the Crown, what must the court consider for sentencing?

Answer 9

Remit the youth to the YC unless it would be undesirable

Question 10

What is the main consideration for remittal?

Answer 10

Balancing the YC’s expertise with the benefit of continuity from the trial judge

Question 11

When is remittal not available?

Answer 11

For homicide offences

Question 12

If the adult pleads guilty, what happens to the youth?

Answer 12

Youth is dealt with separately according to standard procedure.

Question 13

If both plead not guilty, what determined trial venue?

Answer 13

• If Mags accept jurisdiction - both tried in Mags
• If adult sent to Crown - apply IOJ test for youth

Question 14

What happens if both youth and adult are charged with indictable only offences?

Answer 14

• Adult automatically sent to Crown Court
• Youth sent too if serious (homicide, dangerous criteria or grave crim with 2-year test met)
• Otherwise, apply IOJ test for the youth

Question 15

Can the youth be sent to Crown solely for public protection if dangerous?

Answer 15

Yes - if they meet the dangerousness criteria

Question 16

If the adult is tried in Crown but youth’s IOJ test fails, what happens?

Answer 16

• Youth is tried separately in the Youth Court