Youths - Youth Court Procedures when Jointly Charged with an Adult Flashcards
(11 cards)
In which court will a youth have their first hearing if jointly charged with an adult?
A. Adult Magistrates’ Court
B. High Court
C. Youth Court
D. Crown Court
A. Adult Magistrates’ Court
Explanation: Youths jointly charged with adults must have their first hearing in the adult magistrates’ court under procedural rules.
What test is applied to determine whether a youth should be tried with an adult in the Crown Court?
A. Interests of Justice test
B. Dangerousness test
C. Gravity test
D. Public Interest test
A. Interests of Justice test
Explanation: This test ensures fairness in deciding whether the youth’s case should stay with the adult’s in the Crown Court.
Which of the following offences would always require a youth to be sent to the Crown Court?
A. Theft
B. Dangerous driving
C. Possession of cannabis
D. Homicide
D. Homicide
Explanation: Homicide and similarly serious offences require mandatory trial in the Crown Court regardless of youth status.
When must a Crown Court remit a youth to the Youth Court for sentencing?
A. When the adult has also been convicted
B. Unless it would be undesirable to do so
C. If the trial was lengthy
D. After a custodial sentence is decided
B. Unless it would be undesirable to do so
Explanation: The default rule is remittal to the Youth Court unless it is undesirable based on practical or judicial reasons.
If the adult elects trial in the Crown Court and the youth does not, what must the magistrates apply?
A. Interests of Justice test
B. Allocation decision
C. Remittal provision
D. Youth sentencing test
A. Interests of Justice test
Explanation: The magistrates must consider whether it’s in the interests of justice to send the youth to be tried with the adult.
A 14-year-old and a 35-year-old are jointly charged with robbery. The adult pleads not guilty and is sent to the Crown Court. What is the correct next step for the youth?
A. Automatically send to Crown Court
B. Remit to CPS
C. Apply the Interests of Justice test
D. Wait for the adult’s trial outcome
C. Apply the Interests of Justice test
Explanation: When the adult is sent to the Crown Court, the youth may follow only if the IOJ test is satisfied.
A 17-year-old and 18-year-old are jointly charged with dangerous driving, an either-way offence. Both plead not guilty. The magistrates retain the adult’s case. Where will the youth be tried?
A. Youth Court
B. Adult Magistrates’ Court
C. Crown Court
D. High Court
B. Adult Magistrates’ Court
Explanation: If the adult stays in magistrates’ court and trial is joined, the youth may also be tried there.
A youth pleads guilty to a grave crime. The court believes a sentence of three years may be appropriate. What should happen?
A. The youth should be remitted to the Youth Court
B. The youth should be referred to the CPS
C. The youth should be committed to the Crown Court for sentence
D. The youth should be given a conditional discharge
C. The youth should be committed to the Crown Court for sentence
Explanation: Where a sentence over two years may be needed for a grave crime, committal to the Crown Court is required.
A 13-year-old and a 28-year-old are jointly charged with burglary. The youth is of low culpability and has no prior convictions. The adult elects Crown Court trial. What outcome is most likely for the youth?
A. The youth must be sent to Crown Court
B. The youth is tried in the adult magistrates’ court
C. The youth remains in the Youth Court
D. The court applies the Interests of Justice test
D. The court applies the Interests of Justice test
Explanation: Even where an adult is sent to Crown Court, the youth’s case depends on whether it is just to try them together.
A 16-year-old pleads not guilty to a linked offence with an adult who is charged with fraud. The adult’s case is being sent to the Crown Court. The youth has prior convictions. What is the correct next step?
A. Automatically commit the youth for sentence
B. Consider remittal to the Youth Court
C. Apply the Interests of Justice test
D. Keep the youth in the adult magistrates’ court
C. Apply the Interests of Justice test
Explanation: The court must apply the IOJ test when deciding if the youth should also be sent to the Crown Court.
A youth appears in the Crown Court after being jointly charged with an adult. The adult pleads guilty, but the youth continues to trial. Can the youth now be remitted back to the Youth Court?
A. Yes, at the judge’s discretion
B. No, once lawfully in the Crown Court, remittal is not possible
C. Only if the youth requests it
D. Only if the youth is under 15
B. No, once lawfully in the Crown Court, remittal is not possible
Explanation: Once lawfully committed to the Crown Court, the youth must remain there for trial, even if the adult pleads guilty.
