#13798 - Youth Proceedings And Sentencing - BPC Criminal Litigation (formerly BPTC) 2024/2025

Youth Proceedings

Age

• Under-10 is doli incapax, thus cannot be convicted - s50 CYPA 1933.

• per s9 POCC(S)A 2000:

  • If a youth attains 18 before 1st appearance, YC has no jurisdiction.

  • If a youth attains 18 after 1st appearance, the YC can continue to hear case, or remit to CC for trial (or if after trial, for sentence)..

  • Once attained 18, court can may any order as an adult per s29 CYPA 1963.

• So, if between 10-17, they go through Youth Court - AGE establishes jurisdiction.

What is a youth court?

• Maximum Detention in YC is 24 months. That's why for grave crimes, YC can commit to CC for sentence either on G plea if there is a real prospect that YP might require a sentence of, or in excess of 2yrs. BUT this can not be done after conviction per s3B PoCC(S)A 2000.

• At least two justices, one man and one woman, unless:

  • Parties consulted and agree to a different constitution of court;

  • DJ sitting in the Youth Court can sit alone, as in the adult mags;

  • Mags and DJs must undergo specialist training to sit in the YC;

• Reporting Restrictions apply automatically to youths under age of 18 in YC (s49 CYPA 1933). This means no names, schools, identifying features. They can be lifted but this is rare before conviction. In adult Mags/CC, reporting restrictions are discretionary (s39 CYPA 1933)

• YC is not a public court. s47 CYPA 1933 says YC can only have:

  • Members of Court;

  • Parties to the case, lawyers, witnesses and others directly concerned;

  • Bona fide representatives of news agencies;

  • Such others as the court may specifically authorise

Procedure

• On arrest, the police must notify:

  • Parent/Guardian (or L.A. if child is in care)

  • The "Appropriate Adult" (usually the same person, but in LA this may be a social worker, or from the "list" of people acting as AA for YPs). The AA's role is to look after the interests of the detained person, and can exercise the YP's rights eg to see the custody record, to get legal advice on their behalf, consult with YP in private. They must be present in interview to ensure fair interview and facilitate communication in interests of YP.

• The police must notify them of:

  • The fact of arrest;

  • The reason for the arrest (why);

  • Where YP is being detained.

• Parents/Guardians must be in court if YP is under 16. They may be in court if over 16.

• More informal, in that:

  • Lawyers sit;

  • YP addressed by first name;

  • Oath is different than Mags (and discretionary);

  • Language is different (conviction= case proved; sentence = disposal)

  • First, Youth must enter a plea; (If G, must sentence on same day!!!)

  • If NG, parties complete case management form, and directions made for future management of case. Such as:

  • Identification of issues;

  • Witnesses;

  • Defences - Court should probe whether weak defence or not;

Court Process for youths

• There is a presumption youths will be dealt with summarily (s24 MCA 1980);

• First Appearance is made in the Youth Court, unless:

  • A youth must first appear in an adult mags if he is jointly charged with an adult;

  • A youth may first appear in an adult mags if:

    • Y is charged with aiding/abetting an adult; or

    • An adult is charged with aiding/abetting the youth; or

    • Y is charged with an offence that arises from same circumstances, or connected with the offence that the adult is charged with.

Where will Y be tried?

• Most tried summarily regardless of seriousness (presumption in s24 MCA). EXCEPT homicide offences.

• Y has no right of election to CC when charged with EW offence;

• Y must be tried in CC, and not YC, when:

Youth Rehabilitation Order

• If finish conditions early, YRO ends. If don't finish on time, D may apply to extend (only him - why? IF he reoffends in future PSR will deal with compliance with past orders. Non-compliance makes custodial sentence more likely). They can extend to a maximum of 6m only once, and can exceed 3 years (oddly) to ensure D can finish.

• Sch 2(6) CJIA 2008 when D fails to comply with the YRO:

  1. Must give a warning (as with adult community order breaches)

  2. Then give a second warning; (ADULTS only get 1 warning!!!)

  3. Then revert to Court, where court has the power to either:

     1. Fine - 2500;

     2. Amend YRO to make it more onerous

     3. Revoke Order and re-sentence (eg: custodial instead)

     4. Power to impose DTO for term not exceeding 4m even if custody threshold was not passed, and the original offence is not imprisonable! (Sch2(15) CJIA 2008)

Detention in YC?

• Ollis v DPP - It is the date of conviction that makes a difference. So if convicted over 18, must be Young Offenders Institute. If under 18, then get a DTO.

• there is no power to impose any period of detention on a 10-11yo in YC;

• there is no power to impose a sentence of detention in YC aged 12-14yo unless they are categorised as "Persistent Young Offenders". In this case they will get a Detention & Training Order (DTO). These are in bunches of 4, 6, 8, 10, 12, 18, 24 months. Half is spent in custody, and half is spent out of custody. The maximum DTO is 3 years per Sch1(32)(1) CJIA 2008.

  • PYO? No statutory definition. Guidance contained in Sentencing Guidelines 'Overarching Principles: Sentencing Youths' as a YP who has been convicted, reprimanded, warned, cautioned, conditionally cautioned in respect of an imprisonable offence on at least 3 occasions in the last 12 months. NB: Some sentences are only available to PYO (eg: Youth Rehabilitation Order with Intensive Superivison & Surveillance)

Remittal to YC for sentence

• CC

  • s8 PoCC(S)A 2000 - Save in homicide cases, CC "shall unless satisfied it would be undesirable to do so" will remit back to YC for sentence.

  • It would be undesirable if:

    • Remitting would cause delay, unnecessary expense, or duplication;

    • If trial has taken place, CC Judge would be more informed about facts than a YC;

    • If adult and YP tried jointly, sentencing in CC would avoid disparity of sentence.

  • Cases involving youths categorised as a "dangerous offender" will always be dealt with by CC for sentence. CC has two options:

    • Detention for life - s226 CJA 2003; and

    • Extended detention - s226B CJA 2003.

  • Cases involving "Grave crimes" will be tried in CC (s91 POCC(S)A 2000)

• Available Sentences in Each Court: