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Youths - Coggle Diagram

- - - - Specified Offences - set out in Schedule 19
        
        Criteria - 'significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences' AND the approproate term would be at least 4 years
        
        'Significant risk' is more than mere possibility
        
        Must take into account all available information - not usually available at this stage
        
        Unless abundantly clear should retain jurisdiction
  - - - If necessary in interests of justice for youth to be tried in CC, youth must be sent
      - If youth not to be sent to CC, usual to remit to YC, but may be tried in MC
        MC has very limited sentencing options
    - - If adult pleads NG and youth pleads NG, they MUST be joint trial in MC
        If adult pleads G, MC MAY try youth
      - If youth pleads G (or is convicted) he is remitted to YC for sentence unless limited powers of MC are sufficient
- - - - MUST be tried in CC trial if
        
        charged with homicide
        
        aged 16 and charged with certain offences with mandatory minimum terms; or
        
        the P has given notice under CDA S.51(B) (serious or complex fraud cases or S.51(C) (certain cases involving children)
      - MAY be tried in CC trial if
        
        Charged with a grave crime - S.249/250 Sentencing Act 2020
        
        S.250 allows CC to pass a period of detention not exceeding the max for an adult
        
        Offence carrying out at least 14 years imprisonment in the case of an adult or certain sexual offences
        
        The court will consider if it ought to be possible to impose a period of detention/length detention that the Youth Court could not impose
        
        Can consider the seriousness of the combinatin of offences
        
        Can consider previous findings of guilt
        
        Submissions should be heard from the P and the defence
        
        Charged with a special offence - S.306 SA
        
        Charged alongside an adult