Criminal Law and Practice - Youths - Youth and adults court procedure

when will a youth have their first hearing before an adult MC rather than a YC?

- the youth is jointly charged w// an adult

- the youth is charged w// aiding and abetting an adult to commit an offence

- the adult is charged w// aiding and abetting a youth to commit an offence

- the youth is charged w// an offence that arises out of the same circumstances as, or is connected w//, an offence that an adult is charged w//

can an adult appear before the YC?

other than where a youth becomes an adult during the course of proceedings (ie after 1st hearing) there are no circumstances by which an adult can appear before YC

where does the first hearing take place when a youth and adult are jointly charged?

the first hearing will take place in MC

when must a youth be sent to the CC?

- if youth is charged w// homicide, firearms w// mandatory 3y minimum sentence

- served w// a notice in serious fraud or child case or charge w// a specified offence and meets the dangerous criteria, they will always be sent to CC

what is the grave crimes test?

1) is the maximum sentence for an adult 14 years or more?

2) would this youth, in these particular circumstances, receive a sentence of 2 or more years?

- if both of the above are met; youth will be sent to CC

- the "grave crimes" test can be applied to both guilty pleas for sentencing and not guilty pleas for trial

what happens if youth is jointly charged w// adult?

- if the adult is sent to CC for a trial and the youth is to be tried on the same matter then the MC will have to consider whether is it in the interest of justice (IOJ) for the child or young person and the adult to be tried jointly

- if adult is sent to for trial to CC, the court should conclude that the child or young person must be tried separately in the YC unless it is in IOJ for the child or young person and the adult to be tried jointly

when is it considered to be in the IOJ?

- examples:

- whether separate trial will cause injustice to witnesses or case as a whole

- age of child or young person (younger = more desirable for YC)

- the age gap between the child or young person and adult (bigger gap = more favour of YC)

- the lack of maturity of child or young person

- relative culpability of the child or young person compared w// the adult and whether the alleged role was minor

- the lack of previous findings of guilt on the part of the child or young person

how is the IOJ decided?

- prosecution and defence make representation as to whether it is in the IOJ to send youth to CC or not

- often conflicting interests court must balance

what is the procedure after allocation of the court?

- if court decides youth should be tried w// the adult, the youth's case will be sent to CC for PTPH, alongside the adult

- once a youth is lawfully before CC for trial, there is no power to remit the youth back to YC even if the adult pleads guilty; means youth would face trial in CC alone

once trial is concluded, and child or young person is found guilty, what happens next?

- the court must remit the case to the YC, unless it would be undesirable to do so

- the only exception is when the offence = homicide

- in considering whether remittal is undesirable, a court should balance the need for expertise in the sentencing of children and young people w// benefits of the sentence being imposed by the court which determined guilt given that the judge who heard the trial will reserve sentencing of the adult (if convicted)

what happens when there is a guilty plea for a youth jointly charged w// an adult?

- first hearing = MC:

- if either party plead guilty, do not need to consider if they should be tried together, so separate and work out where they should each be sentence

- adult = summary only in MC, either-way or committed for sentence MC; indictable only = CC

- youth = CC if grave crime, MC for referral order, discharge or fine, or remit back to the YC for their full range of sentencing powers

what happens for youth jointly charged w// adult for summary only offence; not guilty plea?

- first hearing = MC

- adult has to have trial in MC

- youth will remain in MC and will be tried together w// the adult

- if found guilty; adult sentenced in MC

- if found guilty; youth can be sentenced in MC to a referral order, a discharge or fine, otherwise remit back to the YC for full range of sentencing powers

what happens for not guilty plea for an either way offence when youth is jointly charged w// adult?

- first hearing: MC

- consider "graves crime" test

- if it is grave crime; youth and adult sent CC for trial

- if not, do allocation on adult

- adult sent to CC or selects CC, then do IOJ on youth

- if IOJ for them to be tried together, then youth sent to CC w// adult

- if not, youth remitted back to YC for trial

- if MC retain jurisdiction at allocation stage then both youth and adult are tried at MC

what happens when youth is charged with adult for an indictable only offence; not guilty plea?

- first hearing = MC

- adult must be tried in CC as an indictable only offence

- grave crimes test for youth considered

- if it is grave crime, youth joins adult in CC

- if it is not, the IOJ test on youth

- if in the IOJ to be tried together, the youth sent to CC to be tried w// adult

- if not, youth remitted back to YC for trial

- youth will not be tried in adult MC on their own