#19564 - 20. Criminal Litigation 2023 2024 Young Defendants - BPC Criminal Litigation (formerly BPTC) 2024/2025

• Anybody under the age of 18 is considered a youth

• A person aged 14-17 = young person.

• A person aged 10-14 = child.

• A person under the age of 10 is irrebuttably incapable of a crime, and cannot be prosecuted.

Parents:

• If Youth-D is aged 15 or younger, his parent must attend and can be compelled to do so.

• If Youth-D is aged 16-17, his or her parents may attend. A parent should also attend if the court intends to make a parenting order. The parent will sit beside Youth-D.

Special procedure:

• Wigs and gowns are not worn.

• No general public right to enter a youth courtroom.

• Youth-D will be referred to by his first name. The only persons permitted to be present are:

  • Members of the court and court officials

  • Parties to the case and their legal representatives

  • Witnesses

  • Bona fide reps of news groups - but note reporting restrictions

  • Anyone else directly involved e.g social workers

  • Such other persons as the court may specially authorise to be present

• A Youth-D will not swear an oath before giving evidence, but instead will promise to tell the truth.

• A child 13 or under will give evidence unsworn.

• Youth-D is not convicted, it is a ‘finding of guilt.’

• An accused under 18 has no right to elect a Crown Court trial.

Court of first appearance:

• The first court appearance by a child or young person in respect of an alleged offence will be in the youth court unless the case is an exceptional one where the first appearance is in the adult magistrates' court. Those exceptional cases are where:

  • 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 vice versa); or

  • the child or young person is charged with an offence which arises out of circumstances which are the same as (or connected with) those which resulted in the charge faced by an adult accused.

The circumstances in which a youth will appear in the adult Magistrates’ Court and in the Crown Court:

• Youth must be tried summarily in the youth court, except in four instances:

  • He is charged jointly with an adult, and the court considers it necessary in the interests of justice for them to be tried together.

    • 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.

    • In coming to their decision, the justices must balance conflicting interests:

      • Desirable there should be joint trial

      • A child or young person may well find appearing in the CC an unduly traumatic experience

      • They should bear in mind that they should wherever possible be tried in a youth court which is designed for their specific needs.

    • Where an accused who is under the age of 18 has been sent to the Crown Court for trial, the Crown Court must consider whether to send D back to a magistrates' court and, if it decides not to send D back, must give reasons for not doing so. ,

  • He is charged with a homicide offence, in which case he will be tried in the CC.

  • He may require a sentence of long-term detention;

    • 14+ years imprisonment

  • He may need to be sentenced as a dangerous offender.

• A plea before venue hearing must take place where there is a possibility of the child or young person being tried in the Crown Court because he or she is charged alongside an adult or where the offence is one to which the SA 2020, s. 249, applies. Can be done in the absence of the accused where their conduct is disorderly.

Circumstances where Youth-D must be tried in an adult crown court:

• Homicide;

• Firearms offences and was 16 on the date of the offence;

• 14 years’ imprisonment;

• Specified offence and dangerous offender provisions apply;

• Charged alongside adult charged in the CC.

Life sentences and extended sentences:

• A life sentence must be imposed where:

  • Youth-D is convicted of a serious offence;

  • Youth D is a dangerous offender; and

  • Youth D is liable to receive a life sentence; and

  • The seriousness of his offence is such that a life sentence is justified.

• An extended sentence may be imposed where:

  • Youth D is a dangerous offender; and

  • The court is not required to impose a life sentence under the provision above; and

  • The court would sentence Youth D to at least 4 year’s custody.

• Two sentences in the Mags:

  • An absolute or conduction discharge

  • A fine - where youth D is under 16, this fine is the responsibility of their parent.

    • In the case of young offenders, fines are limited by virtue of the MCA 1980, s. 24(3) and (4), to a maximum of 1,000 in the case of offenders who are aged 14 to 17, and a maximum of 250 where the offender is aged 10 to 13

• Sentences unique to the Youth Court:

  • A...