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Youth courts and the appearance of youths in other courts - Coggle Diagram
Youth courts and the appearance of youths in other courts
Terminology: Child and Young Persons
Child means a person under the age of 14
Young person means a person who has reached the age of 14 but is under the age of 18
The age of Criminal Responsibility
There is an irrebuttable presumption that a person under the age of 10 cannot be guilt of a criminal offence
Now it is open to the child between aged 10 to 14 have to prove that at the material time he or she was doli incapax which means incapable of committing a crime
DETERMINING PLACE OF TRIAL OF CHILDREN AND YOUNG PEOPLE
Most trials involving an accused under the age of 18 take place in the youth court
However, there are cases where a child or young person may or must be tried in an adult magistrates court or crown court
There are seven circumstances in which the trial of a child or young person either may or must take place in the Crown Court:
1) Where the child or young person is accused of homicide eg murder or manslaughter the case must be sent to the Crown Court for trial
2) Where the child or young person is charged with a firearms offence or using someone to mind a weapon and attained the age of 16 at the date of the alleged offence the case must be sent to the Crown Court for trial
3) Where notice is given by the prosecution in serious or complex fraud cases or certain cases involving children the case must be sent to the Crown Court for trial
4)Where the child or young person is accused of an offence eg an offence that carries 14 years of imprisonment in the case of adult the case may depending on whether or not a sentence in excess of two years is likely to be appropriate to be sent to the Crown Court for trial
5) Where the child or young person is accuse don an specified terrorism offence the case may the sent to the crown court for trial depending on whether a sentence in excess of two years is likely to be appropriate
6) Where the child or young person is charged with a specified offence that falls within the ambit of a dangerous offender provision the case may be sent to the crown court for trial depending on whether the accused can properly be regarded at that stage as a dangerous offender
7) Where the child or young person is charged alongside an adult who is to be tried in the Crown Court the child or young person may also be sent the the Crown Court for trial only if it is necessary in the interests of justice to do so
Another situation is if the child or young person is charged alongside an adult who is being tried in the magistrates court
YOUTH REHABILITATION ORDERS
A youth rehabilitation order is the appropriate community sentence for offenders under the age 18
Where an offender reaches 18 during the proceedings for an offence nothing prevents the court from dealing with the offender as if there were still under the age of 18
A community order may not be imposed on an offender who is under the age of 18 when convicted the appropriate order in those circumstances is a Youth Rehabilitation Order
The maximum length of Youth Rehabilitation Orders is three years
The order involves the imposition of one or more rehabilitation requirements
The standard Youth Requirement Order is an specified alternative to custody the court has to power to make a Youth Requirement Order with intensive supervision and surveillance or with fostering
Section 179 of the Sentencing Act 2020
The court must not make a Youth Rehabilitation Order unless it is of the opinion that the offence or the combination of the offence and one or more offences associated with it was serious enough to warrant the making of such order
The court must take into account all the information associated with the offence or offences including any aggravating or mitigating factors
The pre sentence report requirements apply to the court in relation to forming that opinion
A court does not have to make a Youth Rehabilitation Order
Before making a youth rehabilitation order the court must obtain and consider information about the offenders family circumstances and the likely effect of a youth rehabilitation order on those circumstances
PLEA BEFORE VENUE PROCEDURE FOR CHILDREN AND YOUNG PEOPLE
Where the requirement to send a child or a young person to the Crown Court depends on certain criteria being fulfilled and there has to be an allocation hearing
This plea before venue procedure applies where the court would otherwise be required to send a child or young person to the Crown Court for a trial or in cases where the adult is an co accused
In those cases a child or young person is invited to indicate an intention to plead guilty or not guilty
If the accused indicates that an intention to enter a guilty plea a guilty plea is deemed to have been entered at that point
The magistrates then proceed to the sentencing stage if the offence is one that their powers are insufficient they may commit the case to the Crown Court
If the accused indicates a not guilty plea or gives no indication as to the intended plea the magistrates proceed to determine allocation
The magistrates also consider if it is necessary in the interests of justice for the child or young person to be sent to the Crown Court for a trial
It is enabled that a plea before venue procedure to be determined in the absence of a child or young person who is legally represented and the court considers that because of the accused's disorderly conduct before the court it is not practicable for proceedings to be conducted for his or her presence and the court considers that it should proceed in the absence of the accused
The proceedings can be adjourned
Where the accused is present the adjournment may take the form of a remand either in custody or on bail
This may be exercised by a single justice
REFERRAL ORDERS
A referral order is an order which requires an offender under the age of 18 when convicted to attend meetings of a youth offender panel established for the offender by a youth offending team and by virtue of which the offender is required to comply for a specified period of time between 3 and 12 months with an programme behaviour to be agreed within the offender and the panel
While a referral order is only available where an offender is under the age of 18 when convicted the court may deal with the offender as if there are still under the age of 18 at the same time of the conviction where the offender has reached 18 during the proceedings
A young offender panel is compelled of people with an interest or expertise in dealing with young people
The panel agrees a contract with the offender and his or her family which is aimed at tackling the offending behaviour and its causes
The contract sets out the requirements which may include the young offender being required to apologise to and carry out some form of reparation for the victim of the offence or to carry out community work or take part in family counselling or drug rehabilitation
These requirements are specified by the young offender
OFFENDER BEFORE THE CROWN COURT
The Crown Court has no power to make a referral order
Where the compulsory referral conditions are met remitted to the Youth Court or whether it would be undesirable to do so
Possible reasons include:
1) The trial Judge will be better informed as to the facts and the circumstances
2) The risk of unacceptable disparity between co defendants and
3) Where remission will case delay and duplication of proceedings and extra expense
Where the case is retained in the Crown Court the sentencing judge should then consider whether to constitute him or herself as a district judge magistrates court
REQUIREMENT TO REFER AND POWER TO REFER
Section 84 to 86 Sentencing Act 2020
A referral order must specify the youth offending team which is to establish a young offender panel for the offender and the period for which any youth offender contract takes effect
A referral order is a sentence that is only available upon pleading guilty there should be no further reduction of the sentence to reflect the guilty plea
The suggested length of referral orders are based on the seriousness:
Low is 3 to 5 months
Medium 5 to 7 months
High 7 to 9 months
Very High 10-12 months
Where the court is dealing with the young offender for connected offences and is passing more than one referral order the court may order that the specified periods of the orders shall run concurrently or consequently to one another but the total period shall not exceed 12 months
DETERMINING ALLOCATION
Assuming that the child or young person indicates an intention to plead not guilty the court will invite representations from the prosecution and defence on the issue of whether or not it is necessary in the interests of justice to send the child or young person to the Crown Court for trial
The justices must balance what may well be conflicting interests
On the other hand it is desirable that there should be a joint trial to avoid prosecution witnesses having to give their evidence twice to avoid the risk of inconsistent verdicts and to avoid the risk of disparity in the sentences which are passed in the event of the conviction
On the other hand a child or young person may well find appearing in the Crown Court Court an unduly traumatic experience
When deciding whether to send a child or young person for a trial in the Crown Court justices should bear in mind the policy of the legislature that those who are under 18 should wherever possible be tried in the Youth Court which is designed for their specific needs
Where an accused under the age 18 is jointly charged with an adult an exercise of judgment is called for by the youth court when assessing the competing presumptions in favour of:
Joint trial of those jointly charged and
The trial of young defendants in the youth court
Factors relevant to that judgement will include the age and maturity of the young defendant, the comparative culpability in relation to the offence and the previous convictions of the two defendants and whether the trial can be served without either injustice or undue convenience to witnesses
It is submitted that the younger the childe or young person and the less serious the charge the more reluctant the justices should be to send the accused to the Crown Court
If it is alleged that the child or young person played only a minor role in the offence it is likely to be more appropriate to deal with him or her separately
COMMITTAL FOR SENTENCE
Section 16 applies where the accused pleads guilty to or is found guilty of an offence which s249 applies
Section 17 applies where the accused pleads guilty to or is found guilty of an offence for which an extended sentence under s255 may be imposed
Section 19 applies where the accused is sent to trial for one or more offences but also indicates a guilty plea for one or more offences
Where a child or young person is committed to the Crown Court for sentence the Court may remit the offender to a youth court acting for the place where the convicting court sat
This is likely to be done where the Crown Court considers that the powers of the youth court are in fact adequate to deal with the case
SENTENCING POWERS AND PROCEDURE IN THE YOUTH COURT
The principal sentences are as follows:
Detention and Training orders
Fines
Youth rehabilitation orders
Referral orders and reparation orders
Absolute and conditional discharges
The youth court can also make ancillary orders such as a compensation order
The maximum amount of compensation that can be ordered in respect of an offence where the offender is under the age of 18 is £5000
Where such an offender is convicted of several offences there is no restriction on the aggregate sum of compensation ie the offender may be ordered to pay up to £5000 for each offence
Where a young offender asks for offences to be taken into consideration compensation may be ordered in respect of those offences but the total amount ordered must not exceed the maximum which could be ordered for offences of which he or she he actually had been convicted
The youth court is also empowered to make certain orders against the parents of a young offender namely binding the parents over or making a parenting order
EXCLUSION OF PUBLIC
The public are excluded form the Youth Court
The only people permitted to be present in the youth court are:
Members of the court and court officials
Parties to the case before the court and their legal representatives
Witnesses and other people directly concerned in that case
Bona fide representatives of news gathering or reporting organisations with reporting restrictions
Anyone else who is directly involved in the case for example probation officers and social workers involved in the case
Other people the court specially authorises to be present
ATTENDANCE OF PARENT OR GUARDIAN
Where the accused is a child or a young person the court may in any case and must in any case where the accused is under the age of 16 order the attendance of a parent or guardian unless and to the extent that the court is satisfied that it would be unreasonable to do so having regard to the circumstances of the case
Guardian is defined as any person who in the opinion of the court has for the time being the care of the child or young person
Parent includes the adopter of an adopted child
In cases were the local authority has parental responsibility their representative rather than or in certain cases as well as the parent must or may be required to attend court
TRIAL ON INDICTMENT
Unless a child or young person is sent to the Crown Court for trial he or she must be tried summarily
Unless it is eg homicide or murder etc
CASES FALLING WITHIN THE SENTENCING ACT 2020 SS 249 AND 250
It provides for that the punishment of children and young person who are conviction on indictment of certain serious offences
It empowers the Crown Court to order that a child or young person be detained for a period not exceeding the maximum sentence of imprisonment which may be imposed on adult offender for the offence in question
It applies where the person is under the age of 18 is convicted of
An offence which carries at least 14 years imprisonment in the case of an adult offender
They are sometimes known as grave offences
This provisions is necessary because of the relatively limited ambit of the normal custodial sentence for young offenders namely the detention and training order this order is limited to a total of 24 months 12 months of custody followed by 12 months of supervision
Where the offender is under the age of 15 a detention and training order can be imposed only if the child or young person is a persistent offender
A detention and training order is not available where the child is under the age of 12
Section 250 achieves to objectives: 1) It enables the Crown Court to pass a longer term of detention than would otherwise be possible given the 24 month limit on the duration of the detention and training order
2) It enables the Crown Court to impose a term of detention where no detention would otherwise be possible in the case where the offender is under the age of 12 and under the age of 15 who is not a persistent offender
SCOPE OF S250
The power to impose a sentence under s250 applies where a child or young person is convicted of an offence and has been committed to the Crown Court and where a child or young person is sent to the Crown Court for trial and is then is convicted of an offence
This means that if the child or young person at the plea before venue hearing indicates a not guilty plea to such an offence the magistrates court must consider whether if the child or young person is found guilty of the offence it ought to be possible to impose a sentence under s250 if so the accused must be sent to the Crown Court
Where the child or young person is charged with more than one offence s249 applies to one or some but not all of those offences the court may when considering the seriousness of the offence/s to which s 249 applies considers the seriousness of the combination of the offences since they are associated offences
However in the event of conviction the Crown Court may order long term detention only in respect of the offences where s249 applies
Where a child or young person appears before a youth court charged with a number of offences and is sent to the Crown Court in respect of some but not all of them the youth court is not required to adjourn the proceedings in respect of the other offences
DECIDING ALLOCATION WHERE S249 APPLIES
In the case where s249 applies before deciding whether to send the case to the Crown Court or retain jurisdiction in the Youth Court, the court should hear submissions from the prosecution and defence
However evidence of the gravity of the offence is not appropriate at this stage
When a youth court is deciding whether to send a child or young person to be tried in the Crown Court in a case where s249 applies the court is entitled to know about any previous findings of guilt
It must be emphasised that the child or young person has no right the elect a Crown Court trial
Where the trial takes place is a matter for the magistrates who will take into account the representations made by the prosecution and the defence in coming to their decision
Where several accused are charged together and all under under the age of 18 the court must consider the position of each one separately even if this results in one defendant being tried in the youth court
One child or young person cannot be sent to the Crown Court for trial merely because another co accused under the age of 18 is being sent there
MODE OF TRIAL
The normal rules governing allocation do not apply where the accused in under the age of 18 Most children and young people are tried and sentenced in the youth courts The Youth Courts are the magistrates courts Trial in the youth court is merely a form of a summary trial The youth courts have the jurisdiction to try offences that are triable on indictment EXCEPT homicide and certain firearm offences An accused under the age of 18 will still be tried summarily even if the offence is an Indictable one An accused under the age of 18 has no right to elect a Crown Court trial A child or young person may be tried in the adult magistrates court if charged alongside an adult accused
PROCEDURE WHERE THE CHILD OR YOUNG PERSON IS NOT SENT WITH THE ADULT TO THE CROWN COURT FOR TRIAL
If the child or young person indicates a guilty plea and is thereby deemed to have pleaded guilty the magistrates will consider whether their sentencing powers are adequate:
Those powers are to make any one or more of the following orders:
Absolute discharge
Conditional discharge
A fine- £1000 for those who are 14 and above and £250 for a child under the age of 14
Requiring the offenders parents or guardian to exercise proper control over the offender
An adult magistrates court is also able to make a referral order
If these powers are not appropriate the justices will remit the child or young to the youth court to be sentenced
If the case is one where in the youth court a referral order would be mandatory the adult magistrates court may but is not obliged to remit the case to the youth court
If the child or young person pleads not guilty the adult magistrates court may either try the accused or remit him or her for trial to the youth court
In absence of a good reason to the contrary eg the prosecution wishing to offer no evidence it is submitted that the child or young person should normally be remitted to the youth court for trial
PROCEDURE WHERE AN ADULT ACCUSED IS TRIED SUMMARILY
Where the child or young person is jointly charged with an adult who is to be tried summarily or an either way offence where the adult defendant and the justices both agreed summary trial the procedure is as follows
If a child or young person indicates a not guilty plea as the plea before venue hearing the adult court must try him or her
If a child or young person indicates a guilty plea at the plea before venue hearing or is subsequently found guilty, the magistrates will remit him or her to the youth court for sentence if the sentences which the adult can impose are inappropriate
If on the other hand the adult pleads guilty and the child or young person pleads not guilty the adult magistrates court may try the child or young person or else remit him or her to the youth court for trial
Where the child or young person is charged with aiding or abetting the adult or the adult is charged with aiding and abetting the child or young person the adult magistrates court has a discretion to try them both if they both plead not guilty
Similarly, if the adult and child or young person are charged with offences which arise out of the same circumstances and both plead not guilty the adult magistrates court may either try the child or young person or remit him or her to the youth court for trial
If the adult pleads guilty and the child or young person pleads not guilty the magistrates are likely to remit the child or young person to the youth court for trial if the adult magistrates court tries and convicts the child or young person he or she will be remitted to the youth court for sentence if the magistrates sentencing powers are inappropriate
WHERE THE SENTENCING ACT 2020 S249 APPLIES AND THERE IS AN ADULT CO- ACCUSED
There will be cases where a child or young person and adult are charged with an offence and the adult is sent to the crown court for trial the question of whether a sentence would be appropriate in the event of the child or young person being convicted of the offence will be highly relevant to the decision whether to send the child or young person to the Crown Court for trial
As both defendants will be appearing in the adult magistrates court it will be that court which takes the decision on where the child or young person is to be tried
The adult court has no power to remit the child or young person to the youth court for that court to decide the mode of trial
The proper venue for the trial of any child or young person is normally the youth court subject to statutory restrictions that remains the case where the child or young person is charged jointly with an adult
When the interests of justice test must be considered because the adult is sent for trial to the Crown Court the court should conclude that the child or young person must be tried separately in the youth court unless it is in the interests of justice for there to be a joint trial
Factors that should be considered when deciding whether it is in the interests of justice to send the child or young person to the Crown Court rather than having a trial in the youth court includes:
Whether separate trials will cause injustice to witnesses of to the case
The age of the child or young person
The age gap between the child or young person and the adult
The lack of maturity of the child or young person
The relative culpability of the child or young person compared with the adult and whether the alleged role played by the child or young person was minor
The lack of previous convictions recorded against the child or young person
The court should bear in mind that the youth court now has a general power to commit for sentence following convictions
In appropriate cases this will permit the same court to sentence adult and young offenders who have been tried separatedly
DANGEROUS OFFENDERS
Where the offence is a specified offence and it appears to the court that if the child or young person is found guilty of the offence the criteria for the imposition of an extended sentence under s254 would be met the court must send the accused forthwith to the Crown Court for trial for that trial for that offence
Section 254 applies where the court takes the view that there are significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences
If the appropriate custodial term for the present offence is at least four years the court may impose an extended sentence so that the offender is under license following release from custody for an extended period for the purpose of protecting members of the public from serious harm
The court must consider whether the criteria for imposing an sentence under s254 are likely to be met and if so must sent the accused to the Crown Court for trial
It will be appropriate to send a child or young person to the Crown Court for trial under the dangerous offender and that such power should be exercised only where:
There is sufficient information which will usually include a risk assessment in a recent pre sentence report about the nature and the circumstances of the offender, the offence and any pattern of behaviour of which the offence forms part to enable the court to assess the offender as dangerous and that it is in the interests of justice for the accused to be tried on Indictment
The prosecutors should usually recommend summary trials on the basis that the youth court is the appropriate tribunal for youth trials and that trial on Indictment is unnecessary as the youth court can be committed for sentence
If having heard all the facts of the case and the courts decides that a sentence under the dangerous offender provisions may be necessary
On this basis sending a child or young person to the Crown Court for trial is described as an exceptional course of action
COURSE OF THE TRIAL IN A YOUTH COURT
The course of trial in the youth court is essentially the same as the course of trial in an adult magistrates court Conviction and sentence are not used in connected with children and young people who are tried summarily They are replaced by the terms finding of guilt and order made on a finding of guilt This does not apply to proceedings on Indictment The proceedings in the youth court is intended to be less formal than in the adult magistrates court For example, the accused sits on a chair not in a dock and usually has a parent or guardian sitting nearby, the accused and any young witnesses are addressed by their first names and the oath taken by witnesses is to promise not to swear to tell the truth
DETERMINING AGE
Where a person apparently under 18 is brought before a court the court is to make a due inquiry as to the persons age and must take into account such evidence on the matter as may be forthcoming at the hearing of the case
The court is entitled to accept what the person or the persons parent or guardian if present says on the matter although in cases of doubt it may ask for further inquiries to be undertaken
For the purposes of sentencing a persons age shall be deemed to be that which it appears to the court after considering any available evidence
COURT OF FIRST APPEARANCE
The first court of appearance by a child or young person in respect of an alleged offence will be the youth court unless the case is an exceptional one where the first appearance is in the adult magistrates court The exceptional cases are: The child or young person is jointly charged with an adult or The child or young person is charged with aiding and abetting an adult to commit an offence or The child or young person is charged with an offence arises out of circumstances which are the same as or connected with those which resulted in the charge faced by an adult accused
WHERE A CHILD OR YOUNG PERSON IS CHARGED WITH AN ADULT
Where an adult is sent for trial and a person under 18 appears before the court is charged jointly with an adult who has been sent for trial for the same or a related offence
If provides that the court shall if it considers it necessary in the interests of justice to do so send the child or young person forthwith to the Crown Court for trial for the indictable offence
A child or young person may also be sent for trial for any related offences though if a related offence is a summary offence it will apply only if it is punishable with imprisonment or involves obligatory or discretionary disqualification from driving
POWER TO REMIT TO YOUTH COURT
Where an adult and a child or young person are charged together and the adult is to be tried in the Crown Court and the magistrates decide that it is necessary in the interests of justice for the child or young person to be tried in the Crown Court as well the Crown Court has no power to remit the child or young person back to the youth court for trial even if the adult pleads guilty in the Crown Court and so does the child or young person will be tried in the Crown Court
However, where the accused is under the age of 18 and has been sent to the Crown Court for trial the Crown Court must consider whether to send the Defendant back to the Youth Court and if it decides to sent the child or young person back they must give reasons for doing so
This does not apply where the offence has to be tried on Indictment
DETENTION AND TRAINING ORDERS
Detention and training orders are available to youth courts and to the Crown Court in respect of offenders under the age of 18 but aged at least 12 when convicted who have been convicted of an offence punishable with imprisonment in the case of an adult and provided that the maximum sentence for the offence is at least four months
The effect of the order is that the offender is subject for the term specified in the order to a period of detention and training order followed by supervision
Where an offender is aged 17 at the date of conviction nut is aged 18 or over when sentenced the sentence takes effect as a detention and training order rather than a sentence of detention in a young offender institution
The detention and training order is also unavailable where the D qualifies for the required special sentence of detention for terrorist offenders pf particular concern
A detention and training order cannot be imposed on an offender aged ten or eleven as the date of conviction
Power to pass a detention and training order on a young offender under the age of 15 at the time of conviction is limited to cases in which the offender qualifies as a persistent offender
Formal cautions on the record are relevant in determining persistence
A finding of persistence may be derived from previous convictions and from orders which require an admission or finding of guilt such as restorative justice disposals and conditional cautions but not penalty notices for disorder
A child or young person who has committed one previous offence cannot reasonably be classed as a persistent offender and should not necessarily be assumed to be one if he or she has committed two or more
If there has been three findings of guilt in the past 12 months for imprisonable offences of a comparable nature the court could certainly justify classing the child or young person as being a persistent offender
If a child or young person is being sentenced on a single appearance for a series of separate comparable offences committed over a short space of time the court could justifiably consider the child or young person as a persistent offender n
The term of a detention and training order must be for a minimum of four months and a maximum of 24 months
CONSECUTIVE ORDERS AND THE IMPOSITION OF EXCESSIVE TERM
Detention and training orders can be consecutive
When imposing consecutive detention and training orders for two summary only offences the youth court may exceed a total term of six moths