Youth Court Procedure

Criminal Practice - Chapter 13

What are the principles of the youth justice system?

i) prevent offending by children and young people

ii) consider the welfare of the juveniles

What is the role of the Youth Offending Team (YOT)?

YOTs are responsible for coordinating the provision of youth justice services in their particular local area - will attend each sitting of youth court

The YOT will assist the youth court with the following matters:

i) investigating and confirming the personal circumstances and previous convictions of juveniles

ii) providing support for juveniles who are granted bail

iii) preparing pre-sentence reports

iv) administering any non-custodial sentence imposed by the youth court.

What is the role of parents or guardian?

A juvenile appearing before the youth court who is aged under 16 must be accompanied by their parents or guardian during each stage of the proceedings (unless unreasonable)

For juveniles aged 16 or 17, the court has a discretion as to whether to make an order requiring the attendance of the juvenile’s parents or guardian

Parents/guardians play an active role in proceedings -

What are the reporting restrictions?

i) cannot report name, address or school, or any other details which are likely to lead to the identification of the juvenile or any other child or young person

*reporting restrictions that apply specifically to children or young persons end automatically when they reach the age of 18

ii) Section 78 of the Criminal Justice and Courts Act 2015 allows for a lifelong reporting restriction in respect of a victim or witness who is under the age of 18 during the proceedings.

iii) Section 49 of the Children and Young Persons Act 1933 allows the court to lift these restrictions either to avoid injustice, or, following conviction, if the court is satisfied that it is in the public interest to reveal the juvenile’s identity - e.g. warn the community of a prolific offender.

Can a juvenile apply for legal aid?

YES

i) interest of justice test

ii) means test - automatically satisfied for all juveniles under age of 18 - automatically eligible regardless of their actual means

What is the age a child is subject to o the criminal law in the same way as adults?

10 YEARS OLD (under 10 CANNOT be guilty of a criminal offence)

How are u18s categorised?

10-13 = children

14-17 = young people

Collectively, juveniles in the youth court are referred to as youths or ‘juveniles’

What is a ‘persistent young offender’ (PYO)?

A PYO as a juvenile who has been sentenced on three separate occasions for one or more recordable offences

• A recordable offence is any offence for which a juvenile may receive a custodial sentence

• Cases will be expedited so the youth court can deal with them as quickly as possible

What are the differences compared to the adult MC?

i) less formal in YC

ii) straight forward language

What happens if a juvenile commits a crime at 17 but does not go before the court for the first time until they are 18?

The court does not have jurisdiction to deal with them and the case must be dealt with in the adult magistrates’ court.

If convicted, the juvenile will be subject to the full range of sentencing powers which the magistrates’ court may exercise.

*if turn 18 during trial - YC may remit the case to the MC or retain the case - if YC retains the case, will have the full range of sentencing powers that the adult magistrates’ court would have were it dealing with the juvenile.

When may a juvenile be sent to the MC/CC? (i.e. adult court)

i) homicide offences - CC

ii) firearms offences - if over 16 must be sent to CC

iii) grave crimes - where an offender aged 21 years or over may receive a custodial sentence of 14 years or more (e.g. rape, robbery, GBH) - YC may accept jurisdiction in a case involving a grave crime or send such a case to the Crown Court for trial

*YC send case to adult court if max sentencing powers are insufficient if juvenile convicted (long-term detention would be more appropriate)

iv) specified offences - violence/sexual offence AND a ‘dangerous offender’ - i.e. life imprisonment/extended sentence - sent to CC

v) jointly charged with adult (CC maybe, tried in MC and sentenced in YC)

What happens if a juvenile pleads guilty to a crime which could be sentenced in the CC?

The YC will either:

i) sentence the juvenile or

ii) send them to the Crown Court for sentence where they believe their sentencing powers would be inadequate (i.e. the juvenile will receive a detention and training order in excess of 24 months)

What happens if a juvenile pleads NOT guilty to a crime which could be sentenced in the CC?

(similar process to e/w in MC):

The YC will only decline jurisdiction and send the case to the Crown Court for trial where they believe their sentencing powers would be inadequate if the juvenile were convicted following trial (DTO would exceed 24 months)

• However, unlike an adult magistrates’ court, a juvenile does NOT have any right of election - if the youth court accepts jurisdiction, the trial must take place in the youth court.

Under the Bail Act 1976, what power does the youth have to remand a juvenile?

a) on bail (with or without conditions)

b) into local authority accommodation OR

c) in the case of 17-year-olds, into custody.

What happens to a juvenile if bail is rejected?

i) Local authority accommodation - 10 - 11 y/o can only be remanded on bail or to local authority accommodation

• If a juvenile reaches the age of 12 during the course of a remand, it is possible that they may then be remanded to youth detention accommodation at the next court appearance should the relevant conditions be met

ii) Youth detention accommodation - consider:

a) best interests and welfare of the child - presumption that children between the ages of 12–17 will be remanded into local authority accommodation rather than youth detention accommodation.

What are the conditions to be remanded at a youth detention accommodation?

i) aged between 12-17

ii) must usually have legal representation

iii) violent or sexual offence - one for which an adult could be punished with a term of imprisonment of 14 years or more and that it is ‘very likely the child will receive a custodial sentence’ for the present offence

iv) ‘recent and significant history’ of absconding and committing imprisonable offences whilst on bail or remand to local authority accommodation or youth detention accommodation

v) court must believe a remand to youth detention accommodation is necessary either to protect the public from death or serious personal injury due to further offences by the juvenile (risk of further imprisonable offences cannot be satisfactorily managed in the community)

What does the YC consider when sentencing?

When the youth court sentences a juvenile, it must balance the seriousness of the offence (and the juvenile’s previous record) with the welfare requirements of the juvenile.

The court must at all times have regard to the principal aim of preventing offending.

What is the sentencing procedure?

i) CPS representative will give the facts of the case to the magistrates (assuming the juvenile has pleaded guilty rather than having been convicted following a trial)

ii) juvenile’s solicitor will then give a plea in mitigation (court likely want to also hear from parents/guardian before deciding appropriate penalty)

iii) key y document in the sentencing process is the pre-sentence report prepared by the YOT - always obtained before sentencing - will address the juvenile’s suitability for that type of sentence

iv) The youth court may either adjourn the sentencing hearing to enable the YOT to prepare the pre-sentence report, or may ask the member of the YOT who is present in court to prepare a ‘stand down’ report so that sentencing can take place without the need for the case to be adjourned.

What are the key guidelines when sentencing a juvenile?

i) more individualistic - the sentence should focus on rehabilitation where possible - a custodial sentence should always be a measure of last resort for children and young people (only when SO SERIOUS no other sanction is possible)

ii) important to avoid ‘criminalising’ children and young people unnecessarily - want to promote rehabilitation

When determining the sentence, what are the key elements to consider?

i) principal aim (prevent offending)

ii) welfare of juvenile

iii) age (chronological, developmental and emotional)

iv) seriousness of the offence - culpability and harm

v) likelihood of further offences being committed

vi) extent of harm likely to result from those further offences.

vii) court should also consider any aggravating or mitigating factors that may increase or reduce the overall seriousness of the offence

What are referral orders?

For when a J pleads guilty to the offence charged BUT has never previously been convicted or bound over by a court - RO MUST BE MADE

• Unless the court is proposing either to impose a custodial sentence or to make an absolute discharge.

If the court makes a referral order, the juvenile will be referred to a ‘youth offender panel’

At the meetings, the panel will speak to the juvenile and their family with a view to:

(a) stopping any further offending

(b) helping the juvenile right the wrong they did to their victim; and

(c) helping the juvenile with any problems they may have.

Will ultimately agree to a ‘youth offender contract’ - program to help with re-offending (lasts 3 - 12 months)

What is a Youth rehabilitation order (YRO)?

Equivalent to generic community order

Allows the court to include one or more requirements to achieve punishment for the offence, protection of the public, reduction in re-offending and reparation (for a period of up to three years)

What is a Detention and Training Order (DTO)?

A detention and training order is the only type of custodial sentence that the youth court has the power to impose.

Offence must be SO SERIOUS that a fine/community sentence is NOT ENOUGH

The court must also consider whether a YRO with intensive supervision and surveillance is appropriate (state reasons why/why not)

What age can a DTO be given to?

10-11 = NO

12-14 = order can only be made if a ‘persistent young offender’

15+ = no restriction on giving a DTO

*court has NO POWER to suspend a detention and training order for a juvenile.

How long is a DTO?

DTO may be ordered to run for at least four months but must not exceed a total of 24 months - giving a youth court more flexibility when setting the length of such a sentence.

The length of the order must also be for the shortest period of time the court considers commensurate with the seriousness of the offence, or the offence and one or more offences associated with it

When is the only time a DTO can be imposed?

A DTO may be imposed only if the court has received from the YOT a pre-sentence report that specifically addresses custody as a possible sentencing option

When the court makes such an order, the juvenile will be held in detention in a young offender institution for one half of the period of the order.

Then will be released into the community under supervision for second half (degree of supervision decided by the YOT not the court)

*a juvenile offender who breaches the supervision element of their sentence can be further punished for such a breach.

What are the rights of appeal in a YC?

As the YC is a type of MC - a juvenile convicted or sentenced by the youth court has the same rights of appeal as a defendant who is convicted or sentenced by the adult magistrates’ court.

Can a juvenile have right of election to have their trial in the Crown Court?

NO

What is a youth caution?

A youth caution is:

• A formal warning for a criminal offence

• Given only when the offence is admitted

• Intended to address behaviour without court proceedings

• Recorded on police systems

• No compulsory conditions

*They reflect the youth justice principle that children should be diverted from court wherever possible, while still holding them accountable

**they are NOT recorded on a juvenile’s criminal record

What is a conditional youth caution?

Includes mandatory conditions, such as:

• Apology or reparation

• Attendance at intervention programmes

• Restrictions on behaviour

Failure to comply with conditions can lead to prosecution for the original offence.