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Youth Trials Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

Updates Available  

A more recent version of these Youth Trials 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:

YOUTH TRIALS TERMINOLOGY

? juvenile = person under 18 o child = person under 14 (if in care of LA, under 18) o young person = person aged 14 - 17
? adult =
o criminal procedure + mode of trial, person 18 or over o 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?
(a) parent, anyone with parental responsibility (b) social worker (c) any other responsible adult who is not a police officer
? who CANNOT act as AA?
(a) (b) (c) (d) (e) (f)

suspected of involvement in offence V W involved in investigation received admissions before acting as AA estranged parent (if J specifically objects)

? role of AA (AA must fully understand role) (a) advise J (b) observe whether interview being conducted properly and fairly (c) facilitate communication with J
? rights of the AA (a) instruct solicitor on J's behalf (b) consult with J at any time in private (c) consult custody record Duties of custody officer

(a) inform parent / person with parental responsibility of juvenile's arrest (b) inform AA (may or may not be same person as parent) (c) ensure juvenile NOT placed in a cell unless: i. no other secure accommodation available and not practicable to supervise J if NOT placed in cell; OR

ii. cell more comfortable than any other available secure accommodation (d) ensure juvenile NOT placed in a cell with an adult AIMS OF YOUTH JUSTICE STYSTEM (YJS)

(a) (b) (c) (d) (e) (f)

principal aim: prevent offending welfare of child or young person (offender or otherwise) reduction of crime (including by deterrence) reform and rehab of offenders public protection offender reparation to those affected

YOUTH OFENDING TEAMS (YOT)

? each local authority (LA) must establish youth offending team (YOT) comprising a: (a) probation officer (b) person experienced in child social work (nominated by director of children's services appointed by LA)

(c) social worker (d) police officer (e) person nominated by a Clinical Commissioning Group, PCT or local health board, any part of whose area lies within LA's area

(f) 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: o implement youth justice plan, o 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

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

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