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Juvenile Trial On Indictment Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Juvenile Trial On Indictment notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

JUVENILE TRIAL ON INDICTMENT When:

1. Juvenile charged with homicide

2. Youth Court/Magistrates Court consider Juvenile could properly be sentenced under s91 PCC(S)A if convicted +
* charged with offence carrying penalty of14yrs+ for adult Defendant, or
* charged with serious sexual offence (listed in s91(1))

3. Juvenile considered a "dangerous offender"

4. Juvenile charged with offence under s5 Firearms Act 1968 which carries minimum sentence under s51A

5. Juvenile jointly-charged with Adult Defendant for EW offence, Magistrates send Adult Defendant to Crown Court for trial and send Juvenile to Crown Court (as necessary "in the interests of justice") Homicide Must send to Crown Court Firearms Offence + Minimum Sentence Applies Must send to Crown Court Notice under s51B Case (Fraud/Child Ws) Must send to Crown Court

Specified Offence + "Dangerous Offender" Must send to Crown Court where Defendant convicted of "specified offence" and:

*

must receive a life sentence under s226 CJA, or

*

may receive an extended sentence under s226B CJA

Q1: Juvenile convicted/charged with "Specified Offence"?

*

Violent offence listed in Part 1, Sch.15 or

*

a sexual offence specified in Part 2, Sch.15 and

+ punishable with life-imprisonment Part 1: Includes: Manslaughter, Offences in OAPA 1861, Robbery, Burglary with intent to commit GBH/CD, Aggravated burglary, Aggravated vehicle taking, Offence under s1 Criminal Damage Act 1971 (arson and criminal damage), Offences under s1-3 Public Order Act 1986 (riot, violent disorder, affray), causing death by dangerous driving, Racially or religiously aggravated assault

*

+ aiding, abetting, counselling, procuring or inciting the commission of a specified offence, conspiring to commit, attempting to commit.

Part 2: Specified Sexual Offences - Includes: Rape, Sex with girl under-13, Sex with girl under-16, indecent/sexual assault Q2: Significant Risk of Serious Harm to Members of the Public?
Significant risk of Juvenile committing further specified offences causing serious harm to members of the public The court must take into account:

*

the nature and circumstances of the present offence,

*

Defendant's history of offending - including:
* the kind of offence,
* its circumstances,
* the sentence passed, and
* whether the defendant demonstrated any pattern

*

*

social and economic factors in relation to the defendant - including:

*

accommodation,

*

employability,

*

education,

*

associates,

*

relationships, and

*

drug or alcohol abuse

Defendant's attitude towards offending.

Life Sentence under s226 Requirements:

1. Juvenile convicted of a specified offence

2. Juvenile would otherwise be liable to "grave crime" sentence of life-imprisonment (ie. adult life sentence)

3. Court of the opinion that there is significant risk to members of the public of significant harm occasioned by Defendant's commission of further specified offences

4. Court considers that the seriousness of the offence/combination of offence and associated offences is such as to justify life imprisonment Court must impose a life sentence. Extended Determinate Sentence under s226B Requirements:

1. Convicted of Specified offence punishable with life-imprisonment / 10yrs+

2. Court considers there is significant risk of serious harm to members of the public caused by Juvenile's commission of further specified offences

3. Court is not required to impose a life sentence,

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