#10377 - Youth Trials - BPC Criminal Litigation (formerly BPTC) 2024/2025

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

TRIAL VENUE FOR JUVENILES CHARGED WITH INDICTABLE OFFENCES

The general rule (s24 MCA)

1. presumption: juvenile shall be tried summarily

2. juvenile has no right to elect CC trial

The exceptions - when juvenile MUST be sent forthwith for trial in CC (s51A MCA) (mandatory)

PBV beforehand?

1. homicide

2. offence meets criteria of s226B CJA (extended detention for dangerous offender)

   • approach when deciding if criteria met for non-serious specified offence

     • presumption: try youths in YC

     • PSR is essential before concluding that youth offender is dangerous - need to be particularly rigorous

     • assessment of dangerous NOT usually appropriate until after conviction, at which point offender can be committed to CC if necessary

   • available sentences if criteria met

     • long-term detention (PCCS(A) s91 and s226B CJA); OR

     • detention for life

       • discretionary (non-serious specified offence)

       • mandatory (serious specified offence)

3. offence where notice given under s51B or 51C CDA (complex fraud / children)

4. offence attracting mandatory minimum sentence for firearms offence (under s51A Firearms Act / s29(3) VCCRA)

The exceptions - when juvenile MAY be sent for trial (discretionary)

PBV beforehand?

5. grave crime: shall send BUT only if court considers it ought to be possible to sentence him to long-term detention under s91 PCC(S)A 2000

N.B. if D pleads G at PBV, YC may commit to CC for sentence (s3B PCC(S)A)

• presumption: try youths in YC

• should only send for trial / commit for sentence in CC if offence of such gravity

  • if offender does NOT meet DTO criteria (10 or 11 / non-persistent 11 or 12yo) - sentence over 24 months is a realistic possibility

  • if offender meets DTO criteria - sentence substantially beyond 24 months is a realistic possibility

1. offences related to mandatory exceptions: indictable OR summary punishable with imprisonment / driving disqualification

2. charged jointly with an adult for an indictable offence for which the adult is sent to trial AND necessary in the interests of justice

   • court balance competing presumptions: try youths in YC vs try jointly charged jointly

   • if adult pleads G AND jointly tried:

     • in CC youth must be tried in CC

     • in adult mags' may remit youth to YC

   • if juvenile found G in adult mags may remit to YC

REMISSION TO THE YOUTH COURT FOR SENTENCE

• if juvenile convicted on indictment (except homicide etc)

  • CC 'shall unless satisfied undesirable to do so' remit case to youth court for sentence

  • CC have almost unfettered discretion to keep juvenile

• if convicted in adult mags'

  • must remit offender to youth court for sentence (unless adult mags' limited sentencing powers ARE adequate OR required to refer to YOT)

EFFECT OF CROSSING A RELEVANT AGE THRESHOLD

Ds who turn 18 after their case has begun

• D who is U18 on first appearance turns 18 before start of trial

  • YC has discretion to remit D to adult mags' for trial (no right of appeal)

    • either-way offence - can elect CC trial

    • indictment only offence - must send to CC

  • YC CANNOT remit to CC for trial / sentence for that...