#4732 - Youth Courts - BPC Criminal Litigation (formerly BPTC) 2024/2025

YOUTH COURTS: BASICS Juvenile: "Child" or "Young Person" Adult Criminal proceedings: 18+ Sentencing: 21+ (at 21 liable to imprisonment rather than detention in Young Offenders Institution) Juvenile Defendant who has not attained the age of 18 (i.e. 17 or under); Must be 10 or over (age of criminal responsibility). Child or Young Person (s107(1) CYPA 1933) Child - 10-13 inclusive Young person - 14-17 inclusive Under-10: Irrebuttable presumption cannot commit criminal offence. Youth Offending Team (YOT) s39 CDA 1998 - each local authority has to establish a youth offending team (YOT) Composition This must comprise: * a probation officer; * a person with experience of social work in relation to children, nominated by the director of children's services appointed by the local authority; * a social worker; * a police officer; * a person nominated by a Primary Care Trust or Local Health Board any part of whose area lies within the local authority's area; and * a person with experience in education nominated by the director of children's services. Role * Co-ordinate the provision of youth justice services for all those in the authority's area who need them * AND carry out such functions as are assigned to it in the local authority's 'youth justice plan' Youth Justice Plan Made under s40 CDA sets out: * how youth justice services in the area are to be provided and funded, and * functions of the YOT Duties * YOT is able to: * ascertain the needs of each young offender, * Identify the specific problems that make that young person offend, and * Measure the risk the young person poses to others * Enables them to identify suitable programmes to address the needs of the Young Offenders to prevent further offending. Aims of Youth Justice System s37 CDA 1998 - Principal Aim: Prevent offending by children and young persons * Duty of all persons carrying out youth justice functions to have regard to that aim s44 - Every court dealing with child/Young Person (as offender or otherwise) shall have regard to the welfare of the child/Young Person Discretion of CPS to continue/discontinue proceedings against a child/Young Person * Reviewable by divisional court only where it can be demonstrated any decision was made regardless of or clearly contrary to settled policy of DPP evolved in the public interest * must consider best interests and welfare of child/Young Person Defendant and child/Young Person victim(s) [?] Must follow Code for Crown Prosecutors & The CPS: Youth Offenders Composition of Youth Court Composition of Bench Either * a district judge (in Magistrates Court) sitting alone, or * Max: 3 justices - include: a man and a woman Youth Court Justices receive additional training - elected by peers as suitable, then trained If there is no suitably qualified man/woman justice to sit then may sit w/o if deemed inexpedient in the interests of justice for there to be an adjournment * discretion must be exercised publicly and with submissions from the parties Chairman Must be chaired by: * District judge, or * Youth justice who is on the list of approved youth court chairmen