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YOUTHS - Coggle Diagram
YOUTHS
YOUTH SENTENCING
PrinciplesSometimes (turning 12, 15 or 18 years old) an increase in age of a child or young person will have an effect on the maximum sentence availablePersistent offenders = 3 findings of guilt in past 12 months for imprisonable offences of a comparable nature OR child or young person is sentenced in single appearance for a series of separate, comparable offences committed over a short space of time Committal for sentence = youth court (or MC) can commit youth to Crown Court for sentence where they are charged with certain serious offences:
- Youth is convicted of a grave crime
- Committal for sentence of dangerous young offenders
- Committal for sentence for related offences
Types of sentences- Absolute or conditional discharge for the least serious offences. (YC/MC/CC)- A referral order is the mandatory sentence in a youth court or magistrates’ court for most children and young people who have committed an offence for the first time and have pleaded guilty to an imprisonable offence.- Parenting Order = Court has a duty to make parental bind over / impose a parenting order, if would be desirable in interest of preventing commission of further offences
- Discretionary if young person is aged16 or 17.
- Financial orders (fines) (YC + MC limited but CC unlimited)- youth rehabilitation orders (YRO)- Detention and training orders (DTO)
NON -CUSTODIAL SENTENCES
1. Youth rehabilitation ordersPassed if offence is “serious enough” to warrant it BUT does not have to be imprisonable
- no statutory minimum, maximum 36 months
Possible requirements in a YRO includes:
- unpaid work / residence requirement = only available for young people aged 16 or 17 years old on the date of conviction
- intensive supervision and surveillance / fostering requirement = imposed if the offence is an imprisonable one AND the custody threshold has been passed
2. Referral ordersRequires an offender to attend meetings of youth offender panel established by YJS + comply, for period, with a programme of behaviour agreed between offender and panel
- Minimum term is 3 months and maximum is 12 months. The length depends on the seriousness of the offence + spent when it is discharged
Mandatory Referral orders IF:
a. where the young offender has not previously been convicted of an offence and
b. young offender pleads guilty to an imprisonable offence and any other offence being dealt with by the court at the same time
- NOT apply if sentence is fixed by law OR court proposes to impose a custodial sentence, hospital order, absolute or conditional dischargeDiscretionary Referral orders IF:
a. on their second (or later) conviction; and/or
b. if the offender pleads guilty to the offence or a connected offence being dealt with by the court.
- offence or related offences need not be imprisonable
- NOT apply if: sentence is fixed by law / court feels that an absolute or conditional discharge is justified / court is proposing to make a hospital order / court considers that custody is the only correct disposal
IF BREACHED
- If young offender breaches a referral order / convicted of another offence while subject to a referral order = may be referred back to the youth court.
- Youth court may:
- take no action and allow the order to continue in its original form
- impose a fine (up to £2,500) (and allotextw the order to continue in its original form)
- amend the terms of the order
- revoke the order and re-sentence the child or young person
3. reparation orders for the least serious offences (YC/CC)
4. orders against parents ( parenting order = YC/MC/CC / bind over =YC/MC)
CUSTODIAL SENTENCES
1. Detention and training ordersUsed as a last resort + only where offence is ‘so serious that neither a fine alone nor a community sentence can be justified
- Only apply when a child convicted of an offence punishable with imprisonment in case of an adult
- Imposed by Youth or Crown Court
- Offence must be punishable by imprisonment + cross custody threshold + custodial sentence must be merited
NOT ALLOWED for:
- any offender aged 10 or 11
- anyone aged 12-14, unless they are a persistent offender- minimum length of a DTO is 4 months + maximum length of a DTO is 24 months
- Consecutive DTOs can be imposed up to an aggregate of 24 monthsElements
- 1st half = spent in secure youth detention
- 2nd half = in community under supervision + overseen by the YOT + court is not involved in deciding what the supervision must entail
2. Long term detention under s.250 SA ‘grave crimes’
Child sentenced by the Crown Court to long-term detention under s.250 Sentencing Act 2020 if found guilty of a grave crime and neither a community order nor a DTO is suitable.
ONLY Crown Court
3. Dangerous Offenders
- If a child or young person is found to be dangerous, they can be sentenced to extended detention or detention for life.
4. Detention at His Majesty’s pleasure
- Mandatory sentence for any child guilty of committing a murder > starting point for the minimum term is 12 years.
5. Detention in a Young Offenders Institution
-Usual custodial sentence for those aged between 18 and 21
ONLY Crown Court can give one of above
ARREST AND DETENTION
Juveniles = vulnerable suspect so allowed attendance of the Appropriate Adult (if no one available Youth Justice Service individuals)
- The person responsible for juvenile’s welfare must be informed as soon as practicable of arrest
- If doubt on age = proceed with caution
Appropriate adults
- Present when the juvenile is: read their rights / strip searched or subjected to an intimate search / interviewed / identification procedure (consent of juvenile + parent needed) / charged / cautioned repeated in their presence
- NO duty of confidentiality owed by an AA
- A juvenile must not be interviewed / asked to sign anything in the absence of an AA unless authorised by a superintendent or above
Options after interview
1. no further action
2. community resolution
3. youth caution
4. youth conditional caution
5. charge
Detention of youths after charge at the police station1. Bail
- Objection grounds same as adults + allowing the youth to be detained in their “own interests”2. Location of detention
- If a youth is detained for court, then should be placed in local authority accommodation unless: impracticable for the custody officer to do so OR in the case of a youth aged 12 – 17, no secure accommodation is available + local authority accommodation NOT adequate to protect the public from serious harm
- Custody officers should do everything practicable to ensure place of detention is local authority accommodation as opposed to police station UNLESS youth has been arrested pursuant to an alleged breach of bail or breach of remand conditionsCautions = formal out-of-court disposal + youth referred to YJS > no max amount
Used if:
- police are satisfied that there is sufficient evidence to charge the youth with an offence
- youth admits the offence to the police
- police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence
YOUTH COURT PROCEDURE
1st hearingYouth courts hear summary trials even for indictable only offences UNLESS youth must appear before magistrates' court / Crown Court Location of first hearing = Youth Court UNLESS one of following where it will be in MC
- youth is jointly charged with an adult
- youth is charged with aiding and abetting an adult to commit an offence
- adult is charged with aiding and abetting a youth to commit an offence
- youth is charged with an offence that arises out of the same circumstances as, or is connected with, an offence that an adult is charged withPleas
Court must asks youth to enter plea on 1st occasion
- If request to adjourn hearing is made + granted case will be adjourned for shortest possible time
- If youth pleads guilty = court should endeavour to pass sentence on same day but may need to adjourn for preparation of a pre-sentence report.
- If youth pleads not guilty = parties asked to complete a case management form + directions made for future management
- A youth has no right of election to the Crown Court when charged with an either-way offence.
Plea before venue / Mode of trial
NO plea before venue / mode of trial in the youth court UNLESS:
- Youth charged with an offence capable of being a 'grave crime'
- Youth jointly charged with an adult with an either-way or indictable only offenceProcedure: representations prosecution + defence / IF several defendants, all under 18, must consider each defendant separately > if D behaves in disorderly manner = procedure done in their absence if represented
Crown Court trial for youths
NEEDED IF:
- Youth charged with homicide (murder or manslaughter)
- Youth charged with certain firearms offences or offences of minding a weapon
- Youth charged with grave crime to which s.249 SA 2020 applies + youth court has determined that, if convicted, a sentence beyond its powers should be available
- Youth charged with a specified offence under s.306 SA 2020 + appears to the court that if youth is found guilty / pleads guilty criteria for imposing an extended sentence under s.254 SA 2020 will be necessary ('dangerous offender')
- Youth jointly charged with adult who has been sent to the Crown Court and it is in the interests of justice to send the youth to the Crown Court for trial
IF serious violent and sexual offences are capable of being both specified (within s.306 SA 2020) and grave crimes (within s.249 SA 2020) = dangerousness should be considered first
Grave crimes - Section 249/250 SA 2020- Any offence that in the case of an adult carries 14 years or more imprisonment
- Offences under ss.3, 13, 25 and 26 of the Sexual Offences Act 2003 (sexual assault / child sex / sex with family / inciting sex with family)
- Firearms offences to which minimum sentence applies + was committed by offender aged 16 or over Crown Court can sentence a youth to any length of detention which would be possible if they were an adultPlea before venue/ mode of trial used:
Youth is asked to indicate a plea
- not guilty = youth court must consider if convicted of offence > possible to impose a sentence under s.250 SA 2020 = IF YES > must send the youth to the Crown Court for trialProcedure
1. Is it an offence capable of being a grave crime? ie is it one to which s.249 applies?
2. Is the appropriate sentence one of over two year’s detention (YC power)?3. No = send to CC BUT YES = keep at YC
Dangerous offenders - Section 51A(2) and (3)(d) of the Crime and Disorder Act 1998 Youths considered dangerous sent to Crown Court. This applies where both met :
- The offence is a specified offence within the meaning of s.306 SA 2020 (violent / sexual / terrorism)
- If guilty, the criteria for the imposition of a sentence of extended detention under s.254 SA 2020 would be metExtended detention criteria - s.254 SA 2020
- youth is convicted of a specified offence (as per s.306 SA 2020)
- court considers significant risk of serious harm to public from youth committing further specified offences
- offence warrants the equivalent determinate sentence of at least 4 years
NO plea before venue or mode of trial procedureThis power should be rarely used BUT can be used after trial further info arises
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YOUTH COURT
- Composed of: District Judge sitting alone OR Not more than three magistratesNOT PUBLIC - only following can be present:
- Members and officers / officials of the court
- Parties to the case + legal representatives
- Witnesses
- Bona fide representatives of newspapers
- other persons as court may authorise
- IF accused > 16 = parent or guardian must attend with youth at all stages of proceedings
- IF accused between 16-17 = parent / guardian may be needed
- IF youth is under care of local authority = representative must (or may) attend court
Juvenile = under the age of 18.Adult = Aged 18 or overChild = under the age of 14 yearsYoung person = aged between 14 and 17Persistent young offender (PYO) = convicted of / made subject to a pre-court disposal for imprisonable offences on at least 3 occasions in the past 12 months