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45 Cards in this Set
- Front
- Back
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What are the aims of the youth justice system? |
- To proven children and young people from offending. - To have regard to the welfare of the child or young person. |
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Who is an adult? |
Someone aged over 18. Though when sentencing could mean someone over 21, as this is the age a person becomes liable to imprisonment rather than detention in a Young Offenders Institution. |
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Who is a child? |
Someone under the age of 14 (remember age if criminal responsibility is 10). |
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Who is a young person? |
Person aged between 14 and 17 (inclusive). |
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Juvenile? |
Person under 18. |
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Persistent Young Offender? |
A young person is likely to be categorise as a PYO if they have been convicted of/made subject to an admission/finding of guilt in relation to imprisonable offences on at least 3 occasions in the past 12 months. A DTO is only available to someone under 15 if they are a PYO. |
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Court process. |
Presumption that youths will be dealt with summarily and ideally by the Youth Court. |
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What happens when a D turns 18? |
If a YP turns 18 before their first court appearance, the YC has no jurisdiction to hear their case as they are now an adult. Key DATE - FIRST APPEARANCE! |
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Doubt about D's age? |
If there are doubts then the court us permitted to accept what the offender or their parent/guardian says, buy further enquiries can be made if there is any doubt. Court must take into account any relevent evidence. If it is later discovered the court were mislead - orders and judgements are not invalidated (guilt/senescence). |
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When will a youth appear before MC? |
The youth is jointly charged with an adult. The youth us charged with aiding and abetting an adult. An adult is charged with aiding and abetting a youth. The youth is charged with an offence that arises out of the same circumstances or is connected with the offence the adult is charged with. |
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Composition of YC? |
DJ sitting alone, or 3 LM (man and woman - if no women available parties care consulted and can agree to a different composition). |
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Procedure in the YC? |
Essentially MC. They are a form of summary trial. Buy can also try indictable only offences and there are particular rules that apply to youth court proceedings. Reporting restrictions are automatically applied - can be lifted. |
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Who can be present at a YC? |
Not a public court! - only certain people can be present: members/officers and officials of the court, parties to the case before the court (accused and parents/guardians) and their legal reps, witnesses, probation officers, social workers, bona ride reps if newspapers (but reporting restrictions), other persons authorised by the Court (pupil barristers/ other family members). |
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Who can be present when a youth is tried in MC or CC? |
Anyone! Is a public court - unless court decides to sit in camera. |
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Who should be present if juvenile is below 16? |
Court MUST require a parent or guardian to attend with the youth at ALL stages of the proceedings - UNLESS, court is satisfied that it would be unreasonable to require such a attendance having regard to the circumstances of the case. If 16/17. Court may require a parent/guardian to be present. If juvenile is on the care of the local authority then their repressive must attend court instead of/ sometimes in addition to the parent. |
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Who is a parent? |
Biological or adoptive parent. |
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Who is a guardian? |
Anyone who has for the ime being care of the child or young person. |
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Informal? |
Yes. Lawyers and witnesses remain seated, lawyers are not robed, D sits in a chair and not the dock, D and youth witnesses addressed by their first names, promise to tell the truth as opposed to swear, language us different (conviction is a finding of guilt, senescence is an order made on a finding of guilt - terminology is used for youths appealing in MC, but not CC). |
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Plea? |
The court must ask for the youth to enter a plea on the first occasion. If GP, court should endeavour to pass sentence on the same day but may need to adjourn for a pre-sentnce report. NGP, parties asked to complete a case management form and directions will be made for the future management of the case. Must actively manage case - ask questions and ensure smooth running of proceedings. |
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Presumption in favour if YC applies... |
Notwithstanding the seriousness of the offence, even applies to indictable only offences (except murder and firearms offences). Youth has no right of election to CC if charged with an either way offence. |
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Youth tried in CC? |
Youth charged with homicide (murder/manslaughter). Youth charged with firearms offences, where if convicted would be subject to a mandatory minimum sentence. Youth charged with a grave crime - offence carrying at least 14 years imprisonment or one specified in section 91 PCC(S)A 2000 AND the YC has determined that if convicted they would be required to sentence beyond their powers. A youth is jointly charged with an adult who has been sent to the CC, and it is in the interests of justice to send them both to CC for trial. |
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Mode of trial? (Grave crime/ adult sent to CC). |
YC will hear reps from both P and D and the facts should be presented in a fair and balanced way. s91 - only reps about the gravity of the offence should be made, no evridnce is called. Court can have regard to D's precious convictions. Where there are several Ds under 18, court must consider each one individually. If youth applies in a disrderly manner, PBV processed can be done in D's absence, so long as he has a LR. |
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Dangerous offenders? (s51A CDA 1998). |
Youth must be sent to the CC: the offence us a specified offence (violent/sexual offence in schedule 15 CJA 2003), AND it appears to the court that if he is found guilty there is a SIGNIFICANT RISK to the public of serious harm occasioned by the commission of further specified offences (max sentnce life/10 years or more)by the Youth. Criteria f or the imposition of an extended sentence (s226B) would be met. |
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Criteria for an extended sentence? |
If found guilty child would be: deemed dangerous, the offence warrants the equivalent determinate sentence of at least 4 years. If these criteria are met the youth will be sent to the CC. |
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What is an extended sentence? |
And appropriate custodial term, plus an extended licence period which is considered necessary to protect the public from the youth committing further specified offences. |
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Factors to be taken into account when assessing dangerousness? |
- Must take into account all such information as is a viable to it about the nature and circumstances of the offence. - May take into account all such information as is available to it about the nature and circumstances of any other offences which the iffenemder has been convicted of by a court anywhere in the world - may take into account any information which is before it about any pattern of behaviour of which any of the offences forms part of - may take into account any information about the offence which is before it. A court must not increase sentence due to prevalence of such offences unless it has evidence from local Criminal Justice Board or a Community Impact Statement. |
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Cases - Dangerousness |
Significant means more than a possibility. It must be noteworthy, of considerable importance. If court mined to depart from a report counsel should be warned in advance. If there are doubts over the facts of pervious concoctions - may adjourn, but can proceed on the information and infer seriousness of past offences from the senescences imposed. The court may have regard to previous none specified offences. Not a prerequisite of dangerousness that the the offender has any previous convictions. A first offender might qualify. |
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Cases - serious harm |
Death or serious personal injury - physical or psychological. |
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Members of the public? |
Can be to a small group of individuals or perhaps to just one potential victim. May include non-UK citizens. |
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Information? |
May include material adverse the the offender which has not been proved by criminal conviction. |
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Grave Crimes - s.91 |
Provides for the punishment of youths convicted on indictment of certain serous offences known as grave crimes. |
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What are grave crimes? |
- An offence that in the case of an adult would carry 14 years imprisonment. - Certain sexual offences - sexual assault, child sex offences committed by a child or young person, sexual activity with a child family member and inciting a child family member to engage in sexual activity. |
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Usual sentencing restrictions in the youth court. |
- The period of detention is limited to 12 months. - There is no power to impose a sentnce of detention on a Chile 10-11. - the is no power to impose a sentnce of dentation on a child aged 12-14 unless they are a PYO. |
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Section 91 - power to pass longer sentences. |
When does it apply? -The youth has indicated a GP to a grave crime and bad been committed to CC for sentence. - The youth has been sent for trial in repect of a grave crime and is subsequently convicted of the offence. In deciding whether an offence is a grace crime at the PBVH the YC effectively predicts what esengnce will be passed in the event of a conviction. Multiple offences? Can consider the seriousness of the the offences combined, even if only one is 91. However, CC can only order long-term detention for the s.91 offence. |
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When sent for trail with an adult due to a related offence. |
May be sent for any related offences. But if the related offence is summary only if will only be sent if it is punishable with imprisonment or involves disqualification from driving. Remember - must be in the interests of justice. |
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Interests of justice. |
Both P and D will make reps to the court. - P witnesses will have to give evidence twice. - Inconsistent verdicts. - Youth not tried in the court best equipped to deal with him. - youths may find CC intimidating. If youth is likely to plead guilty and played only a minor role ' nay be more appropriate to keep him in YC. |
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Factors the court must consider when decision whether to separate a youth and adult D. |
- The young age of the offender - particularly when significant age gap. - the immaturity and intellect of the youth. - the relative culpability of the youth compared with the adult. - any lack of previous convictions on the part of the youth compared with the adult. |
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Can the CC send the youth back for trail? |
NO. Case even when adult pleads guilty. Youth would face trial alone in CC. |
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MC power to send youth back to YC. |
Trial - If the adult is sent to the Crown Court without the youth and the youth pleads not guilty, the adult MC can decide to either hold the trial in the adults MC or remit the youth for trial in the YC. Sentencing - if youth indicates a GP the MC will need to consider if their sentencing powers are sufficient. If not, then sent back to YC. (If youth would get a mandatory referral order, may sent back to YC but not obliged to as MC can make a referral order). Can't remit to the YC to decide mode of trial - when considering whether to send youth to CC with adult when charged with a grave crime. |
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Procedure - Youth jointly charged with an adult to be tried summarily. |
- Youth and adult indicate pleas of NG: MC must try both. - Adult PG, youth pleads NG - may try youth without the adult, most likely send to YC. - Youth GP/ found guilty - will remit to YC if sentencing powers are unsuitable. - Youth charged with aiding and abetting adult or vice versa and both plead NG - adult magistrates may try both together. - charged with offences arising out of the same circumstances and plead NG - MC may try youth or remit to YC for trial. - as above, but adult GP and youth NG - MC mag try youth but likely to remit for trial in YC. MC could still remit for sentencing even if they try youth. |
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Sentences available in the YC |
Absolute discharge. Conditional discharge. Fines (£1000 aged 14 and over, £250 below 14). Referral order. Repetition order. YRO. DTO. Parenting order. Parental bind over. |
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Sentences available in the MC. |
Absolute discharge. Conditional discharge. Fines as available in YC. Referral order. Parental bind over. |
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Sentences available I'm the Crown Court. |
Absolute discharge. Conditional discharge. Fines - NO LIMITATION! Referral order. Repetition order. YRO. DTO. Long-term detention - s.91. Extended dentation for 'dangerous offenders' Detention at Her Majesty's pleaser - murder! |
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Committal for sentnce to CC (from YC or MC) |
- Youth gives an indication of plea to an offence which s.91 applies or is found guilty of such an offence - 'grave crimes' (call for more than 24 months detention). - Youth is charged with s.91 offence and indicated a guilty plea - if sent the youth to CC for related offences may commit him for the s.91. - Youth please guilty to/ found guilty of a specified offence for which an extended sentence applies. |
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DTO |
Only custodial sentnce available to YC. Can also be imposed by CC. - only all to a youth who has been convicted of an office which is punishable by imprisonment in the case of an adult. - half the time is spent in custody, half under supervision in the community. - can't be used on those under 15 (unless PYO, still not on those aged 10-11). - minimum length is 4 months, max 24 months. - consecutive can be imposed up to 24 months. If the D is 17 when convicted, but turns 18 by the time he is sentenced a DTO will be imposed. Not a dentation in a YOI, which would be the case for D aged 18-21. |
