Youth Trials Notes

YOUTH TRIALS

TERMINOLOGY

• juvenile = person under 18

  • child = person under 14 (if in care of LA, under 18)

  • young person = person aged 14 - 17

• adult =

  • criminal procedure + mode of trial, person 18 or over

  • sentencing, sometimes 21 or over (when liable to imprisonment rather than detention in young offender institution (YHO))

• persistent young offender (PYO) = convicted, reprimanded, warned, cautioned, conditionally cautioned 3+ times in last 12 months

• N.B. criminal responsibility starts at age 10 (irrebuttable presumption incapable of crime)

YOUTHS AT THE POLICE STATION

• U17 = vulnerable suspect

• U10 - CANNOT be detained (no criminal responsibility)

Appropriate adult

• who can act as AA?

1. parent, anyone with parental responsibility

2. social worker

3. any other responsible adult who is not a police officer

• who CANNOT act as AA?

1. suspected of involvement in offence

2. V

3. W

4. involved in investigation

5. received admissions before acting as AA

6. estranged parent (if J specifically objects)

• role of AA (AA must fully understand role)

1. advise J

2. observe whether interview being conducted properly and fairly

3. facilitate communication with J

• rights of the AA

1. instruct solicitor on J's behalf

2. consult with J at any time in private

3. consult custody record

Duties of custody officer

1. inform parent / person with parental responsibility of juvenile's arrest

2. inform AA (may or may not be same person as parent)

3. ensure juvenile NOT placed in a cell unless:

   1. no other secure accommodation available and not practicable to supervise J if NOT placed in cell; OR

   2. cell more comfortable than any other available secure accommodation

4. ensure juvenile NOT placed in a cell with an adult

AIMS OF YOUTH JUSTICE STYSTEM (YJS)

1. principal aim: prevent offending

2. welfare of child or young person (offender or otherwise)

3. reduction of crime (including by deterrence)

4. reform and rehab of offenders

5. public protection

6. offender reparation to those affected

YOUTH OFENDING TEAMS (YOT)

• each local authority (LA) must establish youth offending team (YOT) comprising a:

1. probation officer

2. person experienced in child social work (nominated by director of children's services appointed by LA)

3. social worker

4. police officer

5. person nominated by a Clinical Commissioning Group, PCT or local health board, any part of whose area lies within LA's area

6. person with experience in education nominated by director of children's services

• youth justice plan: personal to LA, sets out how to provide + fund youth justice services + functions in area

• function of YOT:

  • implement youth justice plan,

  • formulate programme to deal with each juvenile's needs

Juvenile PSR

• = written report made by YOT

• court must obtain PSR before passing custodial OR community sentence

TRIAL OF JUVENILES IN THE YOUTH COURT (YC)

What is the YC?

• vast majority of youths tried in YC

• same as adult mags' - a specialist summary court for youths

• YC has jurisdiction to try some offences which are indictment only for adults

• procedure less formal: e.g. first names, chair not dock, removal of wigs and gowns

• terminology

  • juveniles tried summarily in youth court / adult mags'

    • finding of guilt (instead of conviction)

    • order on a finding of guilt (instead of sentence)

  • proceedings on indictment = same

Court of first appearance

• general rule = in YC

• exceptions (when in adult mags')

1. juvenile jointly charged with adult

2. juvenile charged with aiding and abetting adult (or vice versa)

3. juvenile charged with offence arising out of same / connected circumstances of those of adult D

Constitution of youth court

• youth justice (YJ) = DJ OR JP who has is approved by LCJ to sit in YC and has had additional training for purpose

• youth panel = panel of youth justices in each local justice area

• composition of youth court

1. DJ sitting alone

-----OR-----

2. 3 JPs including a man + a woman (mixed bench) (minimum 2)

   1. may sit with same-sex bench if

   • circumstances unforeseen; AND

   • having heard representations from parties in open court, YJs think it 'inexpedient in interests of justice' for there to be an adjournment

   2. chairperson - must be YJ from approved list

Attendance of the public

• NO general right for public to enter YC

• NO person entitled to be present except:

1. juvenile, parents, legal reps, YJs

2. court officers (clerk, ushers)

3. media reporters (NOT to photo / film)

4. Ws (during and after giving evidence)

5. anyone else directly concerned in case (probation officers, social workers etc.)

6. other persons court may specially authorise

• N.B. if juvenile tried in adult court, in public unless contrary order made

Attendance of parent / guardian N.B. 'parent' includes LA if in loco parentis

• under 16s - court must require parent / guardian to attend (unless unreasonable)

• 16 or 17 year olds - court may require parent / guardian to attend

• may attend voluntarily to represent own interests (parenting orders / fines can be ordered against parents)

Reporting restrictions in YC

• ban on reporting any details which may ID a juvenile involved in a case in YC, whether as D or W

• ban may be lifted by single JP if:

1. defence apply to lift ban as publicity necessary to avoid injustice to juvenile; OR

2. pros apply to lift ban as publicity necessary to apprehend juvenile who is unlawfully at large only if the offence is:

   1. serious (max 14+ years' imprisonment for adult); OR

   2. specified violent or sexual offence (sch 15 CJA 2003)

3. after juvenile convicted, and after hearing representations from parties, YC may lift ban if in public interest (rare)

REPORTING RESTRICTIONS IF JUVENILE TRIED ON INDICTMENT OR IN ADULT MAGS

• general rule - media can report proceedings (unless ordered not to) (s39 CYPA 1933)

• application for an order restricting publicity

  • on application of D court may order that no newspaper report shall reveal any information calculated to lead to the ID of any juvenile in proceedings, including photographs

  • court will make (or lift order) if good reason (public interest v welfare of juvenile)

  • can appeal finding

Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.