#13606 - Juveniles - Advanced Criminal Litigation

Advanced Criminal Litigation

Juveniles Revision

At police station, juvenile = 10-16

At court, juvenile = 10-17 (anyone under 18)

Doli Incapx 10 is age of criminal responsibility

17 year olds now do have the same rights as 10-16 at the police station Code C 1.5A

If juvenile need instructions in writing in presence of appropriate adult before doing

Youths at the Police Station

Code C 1.5 a juvenile is anyone who appears to be under the age of 17

Arrival:

• Duty to inform person responsible for child’s welfare why they have been arrested, why they are being detained and where. s34(8) Children and Young Person Act 1993

  • N.B if under LA care then inform the LA Code C 3.13

• Inform Probation services Youth offending Team if under a care order Code C 3.14

• Contact an appropriate adult ASAP Code C 3.15

Appropriate Adult:

Code C 3.17 has hierarchy of those to be an appropriate adult:

• Parent/Guardian/LA

• Social Worker

• Any other responsible adult, 18+ and not connected with the police (friends, relatives etc.)

NOT appropriate if:

• Police officer or police employee (Code C 1.7)

• Solicitor (as conflict of interest, Code C Guidance 1F)

• An interested party:

  • Suspected involvement

  • Victim

  • Witness

  • Person juvenile has previously made admissions to (Code C Guidance 1B)

Custody Sgt. Makes the decision, juvenile has not say unless estranged parent and juveniles objects (Code C Guidance 1B)

Custody officer should explain rights whilst at police station in presence of appropriate adult or repeat in front of both when adult arrives Code C 3.17, 10.12

No interview without appropriate adult Code C 11.15

Role

• Advise and assist juvenile

• Assist with communication between juvenile and police

• Ensure appropriate police behaviour

• Protect juvenile rights

• Home Office Guidelines and Police should inform them of this Code C 11.17

Solicitor can object to the appropriate adult if conflict between them and the juvenile

Appropriate adult owe NO duty of confidentiality and LPP does not apply. Nothing to stop the adult turning Queens evidence.

Should get adult to sign confidentiality agreement

Solicitor can consult privately with juvenile in absence of the adult Code C Guidance 1E

Although they are often reliable some juveniles may be unreliable, misleading or self incriminating. Care should be taken and the solicitor should try to obtain supporting evidence Code C Guidance 11C

ID Procedure:

If 14+ consent of them and parent/guardian

If under 14 consent of just the parent/guardian Code D 2.12

Sample:

Non-intimate regular law applies

Intimate: authority of inspector and appropriate adult

Charging:

Charge sheet to be given to appropriate adult Code C 16.3

Bail or Custody:

Bail Act applies the same but with extra provision of protection of juvenile own interest s38(1)(b) PACE

If refused bail, juvenile to be remanded into the care of the LA

s38(6) PACE should be removed to LA accommodation UNLESS:

1. Impracticable (travel or transport) Code C Guidance 16D

2. If 12+, no secure accommodation and need to protect public from serious harm

In which case the juvenile may be kept in police detention (should not be a cell Code C 8.8)

If kept in police detention, juvenile to be brought before the next Youth Court

LASPO saw the abolition of warnings and reprimands and replaced them with youth cautions and youth conditional cautions. All existing orders are to be treated as youth cautions

Youth Caution

s66ZA Crime and Disorder Act 1998

• Under 17

• Requirements:

  • Sufficient evidence to give realistic prospect of conviction

  • D admits guilt

  • Prosecution not in the public interest

• May be required to undergo an intervention programme with the youth offending team

• Police can grant is summary only. For either way or indictable only the CPS approval should be obtained

• ACPO gravity score for offence and then suggested appropriate action

Youth Conditional Cautions

s66G Crime and Disorder Act 1998

• Must have evidence D committed offence

• Sufficient evidence to charge D

• D admits guilt

• Effect of youth conditional caution explained

• D signs a document contains details of the caution

• Can be given to a youth even if previous convictions or cautions

• May not be applicable for repeat offending of the same nature or similar facts during last 2 years

Conditions:

• Rehabilitation

  • Attendance at substance abuse programmes, anger management, YOT etc.

• Reparation

  • Apologising, repairing, making good any damage, payment

• Punishment

  • Financial penalty, unpaid work (max. 20 hours, usually on 16-17 year olds)

Conditions to be met by 16 weeks if summary offence, and 20 weeks if either way or indictable

Effect:

• Record will be kept although not a criminal conviction

• Will include fingerprints, DNA and photographs

• D to be reffered to the Youth Offending Team and programme for rehabilitation

• Failure to comply with conditions will result in prosecution for the original offence

Youth Court

Youth court is a branch of the Magistrates court.

NO PCMH

If offence when 17 but first appearance in court at 18 then must be sent to adult Mags. R v Uxbridge Youth Court ex parte H (1998) If 18 after first appearance then the Youth Court has discretion as to whether it retains or remits the youth. s29 Children and Young Persons Act 1963

• Youth Court should decline jurisdiction for a grave crime (where an adult offender would get 14+ years) and send to Crown Court s24(1)(a) Mags Court Act 1980l R (H, A and O) v Southampton Youth Court [2004]

• Should also conduct a plea before venue hearing in certain other cases

• Linked offences s51A(4) and (5) Crime and Disorder Act 1998

• Youth charged jointly with adult s51(7)

• If D under 16 parent or guardian MUST attend. 16+ then the court has discretion

• 3 Mags (1 women, 1 man)

• s37 Crime & Disorder Act 1998 aim is to prevent juvenile offending

• s44(1) Children & Young Persons Act 1993 Court to have consideration to the welfare of the juvenile

• If under 14 then a witness or D must given unsworn evidence. 14+ and evidence will be sworn.

Role of Youth Offending Team

Bail Support Package:

• Accounts of previous bail

• Home conditions

• Availability of LA accommodation

• School Attendance records

• Viability of any bail conditions

Remand:

10-11

No remand in youth detention centre, LA accommodation only s91 LASPO 2012

Intensive Support & Supervision Programme (ISSP)

Bail Supervision and Support

12-17

Youth Detention Centre

1. Serious offence (sexual, violent assault or carries 14+ year)

2. Recent history of absconding s99(5) LASPO or committing imprisonable offences whilst on bail s99(6) LASPO

3. AND likely custodial sentence for current offence

Must be necessary to protect public from death/personal injury OR prevent commission of further imprisonable offence

Bail with ISSP, Support and Supervision, electronic monitoring s93(2) LASPO

Sentencing Options:

• Youth Court MUST first obtain a pre sentence report from YOT s156 CJA 2003

• Absolute/Conditional Discharge

• Referral Order

s16 Power of Criminal Courts (Sentencing) Act 2000

Only Youth Court

Obligatory where:

1. Pleads guilty

2. Not previously convicted or bound over

3. Court not considering a custodial sentence

Consequences:

• Youth Offender Panel programme designed to reduce offending. Must sign contract, lasts 3 to 12 months. No conviction on end of contract period

Discretionary Referral order s17 PoCC(S)A

• Guilty plea

• No limit on referral orders

• 3-12 months

• Fine

  • Dependant on juvenile or parent finances

  • 10-13 max fine 250

  • 14-17 max fine 1000

  • If under 16 then fine imposed on parent/guardian

  • If 16-17 then court has option on who to impose fine on. Jointly responsible

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