Youths - Youth Court Procedures Flashcards
(11 cards)
What is the usual venue for the first hearing of a youth offender charged alone with an offence?
A. Youth Court
B. Adult magistrates’ court
C. Crown Court
D. High Court
A. Youth Court
Explanation: The Youth Court is the default venue for first hearings of defendants under 18, unless one of the statutory exceptions applies.
Which of the following offences will always result in a youth being sent to the Crown Court?
A. Shoplifting
B. Burglary
C. Possession of cannabis
D. Homicide
D. Homicide
Explanation: Homicide is an indictable-only offence that must be tried in the Crown Court regardless of the defendant’s age.
What must the youth court consider before sending a grave crime case to the Crown Court?
A. Whether a jury would convict
B. Whether a pre-sentence report is available
C. Whether the youth has co-defendants
D. Whether a sentence over 2 years is necessary
D. Whether a sentence over 2 years is necessary
Explanation: For grave crimes, the youth court must decide if a sentence in excess of its 2-year limit is likely to be needed.
Jayden, 14, is charged with an indictable-only offence but is not jointly charged with an adult. Where will his first hearing be?
A. Youth Court
B. Adult magistrates’ court
C. Crown Court
D. Family Court
A. Youth Court
Explanation: Unless jointly charged with an adult or accused of homicide/firearms offences, a youth appears first in the Youth Court.
Erin, aged 15, is charged with robbery. The court is considering Crown Court trial under grave crime provisions. What should they assess?
A. Whether the sentence would exceed 2 years
B. Whether she is jointly charged with an adult
C. Whether the victim was injured
D. Whether she has previous cautions
A. Whether the sentence would exceed 2 years
Explanation: The test is whether the offence is a grave crime and if the youth court’s 2-year maximum sentence is inadequate.
Alina is 16 and jointly charged with her 30-year-old brother. He is sent to the Crown Court. What test applies to decide if she should also be sent?
A. Dangerousness test
B. Right to election test
C. Public interest test
D. Interests of justice test
D. Interests of justice test
Explanation: When jointly charged with an adult, the court must apply the IOJ test to determine whether to send the youth to the Crown Court too.
Noah, 13, is convicted in Youth Court of a serious sexual offence under s3 Sexual Offences Act 2003. The magistrates think a longer sentence is needed. What can they do?
A. Apply to the High Court for a sentence extension
B. Detain him in a Young Offender Institution
C. Send him to the Crown Court for sentencing under s250 SA 2020
D. Give him a life sentence
C. Send him to the Crown Court for sentencing under s250 SA 2020
Explanation: s250 SA 2020 allows Crown Court sentencing for grave crimes where youth court powers are insufficient.
Milo, 14, is charged with a specified offence. The court believes he poses a significant risk of serious harm. What must they do?
A. Grant him bail and monitor his behaviour
B. Send him to the Crown Court for trial under dangerous offender provisions
C. Try him summarily and then remand to local authority accommodation
D. Refer him for a Youth Conditional Caution
B. Send him to the Crown Court for trial under dangerous offender provisions
Explanation: If criteria for extended detention under s254 SA 2020 are met, the youth must be sent to the Crown Court for trial.
A youth pleads guilty in the adult magistrates’ court. The magistrates realise they lack the sentencing powers required. What should they do?
A. Pass sentence anyway
B. Acquit the youth
C. Remit the case to the Crown Court
D. Remit the case to the Youth Court
D. Remit the case to the Youth Court
Explanation: If adult magistrates lack the power to sentence a youth appropriately, they must remit the case to the Youth Court.
A youth pleads guilty to a grave crime. What is the court’s first step?
A. Send for trial
B. Commit for sentence if Crown Court powers may be needed
C. Apply the IOJ test
D. Order a mental health assessment
B. Commit for sentence if Crown Court powers may be needed
Explanation: Upon a guilty plea for a grave crime, the youth court considers whether to commit to the Crown Court for sentencing.
A youth charged with a summary-only offence is jointly charged with an adult. What is the usual procedure?
A. Trial in Crown Court
B. Automatic Youth Court trial
C. Trial in adult magistrates’ court
D. Trial in Family Court
C. Trial in adult magistrates’ court
Explanation: Summary offences jointly charged with an adult are tried in the adult magistrates’ court unless remitted to the Youth Court.
