Juveniles’ journey at Court!
Prior to the publication of this article, the “Juveniles’ journey at the police station” was published on SMQ Legal’s website on the 1st of November 2022. This article highlights the procedure that follows when juveniles are charged with an offence and have to go to court for a hearing(s). SMQ represents juveniles in court regularly.
Distinction between juvenile and adult’s court procedure
The procedure for juveniles going to the Court is distinct from the adult procedure. Unlike adults, juveniles go to the Youth Court and the group age considered to be juveniles is 10 to 17 years old. The distinction is that the Youth Court’s procedure is less formal, they give unsworn evidence and finding of guilt rather than conviction. The aim of the Youth Court is to prevent offending by children and young people under s.37(1) Crime and Disorder Act 1998 and must have regard to the welfare of the youth under section 44(1) of Children and Young Persons Act 1933 (CAYPA 1933).
Role of the Youth Offending Team
The role of the Youth Offending Team assists the Youth Court with several matters such as investigating and confirming the personal circumstances and previous convictions of the defendants, provide support for defendants who are granted bail, prepare pre-sentencing reports and administer any non-custodial sentence imposed by the Youth Court.
The role of parents and guardians
The role of parents and guardians are set out under section 34A Children and Young Persons Act 1933 which states that those under the age of 16 should have a parent or guardian with them at each stage of the proceedings unless it would be unreasonable. However, for those 16 and 17 years, the court has the discretion as to make an order for parental attendance. There are reporting restrictions in place when it comes to juveniles such as the press cannot report on the name, address, school or any other information that may lead to the identification of a defendant. The court may lift the restrictions if they believe it is in the public interest under C49 CAYPA 1933.
Gravity of offence
Adapted plea before venue procedure in the Youth Court requires the following cases to be sent to the Crown Court for trial:
(a) homicide offences (CDA 1998, section 51A(3)(a) and (12)(a);
(b) firearms offences under section 51A(1) of Firearms Act 1968 – sections 51A(3)(a) and (12)(b) of the CDA 1998 Act;
(c) serious or complex fraud cases – section 51A(3)(c) of the 1998 Act;
(d) certain cases including children – section 51A(3)(c) of the 1998 Act;
(e) dangerousness – section 51A(3)(d) of 1998 Act.
Grave crimes
The Youth Court may accept jurisdiction in a case involving a grave crime or send such a case to the Crown Court for trial. The Crown Court has the power to sentence the defendant aged 10 to 17 years old to a period of a long term detention if the defendant is convicted of a grave crime under section 91 Powers of Criminal Courts (Sentencing) Act 2000. The Youth Court should only send to the Crown Court for trial only if it considers its maximum sentencing powers will be insufficient and sentence of long term detention would be more appropriate (Magistrates Courts Act 1980 section 24(1)(a)).
Jointly charged with adult
Even if the offence is indictable or either way both defendants will be tired together in the adults Magistrates Court. If the youth offender is convicted, Magistrates may sentence him/her or remit the case to Youth Court for sentence. Magistrates will usually remit the case to Youth Court unless given a fine or discharge.
Bail procedure and refusal of bail
Regarding bail, the Bail Act 1976 (BA 1976) states that the court has the power to remand the defendant on bail, with or without conditions, into local authority accommodation and in the case of 17 year olds, into custody. However, bail can be refused in the following circumstances. Firstly, where the defendant is aged between 12 and 17 remanded on bail, he will continue to be treated under BA 1976. Secondly, where the defendant previously remanded under the old remand framework appears for a new remand decision, he/she will be considered under BA 1976. Thirdly, if refused bail, Legal Aid Sentencing and Punishment of Offences 2012 (LASPO 2012) section 91 to 107 will apply. Fourthly, where court refuses bail LASPO 2012 permits court to remand the defendant under 18 years old to local authority accommodation or youth detention accommodation.
Local Authority Accommodation
The court is required to remand the defendant to the local authority accommodation unless the conditions in sections 98 to 101 are met in accordance with section 91 LASPO 2012. Those aged 10 to 11 years old can only be remanded on bail or to local authority accommodation. If the juvenile reaches the age of 12 during the course of remand she/he may then be remanded to youth detention accommodation at next court appearance. Under section 93(1), the court remanding the defendant to local authority accommodation may require him/her to comply with any conditions that could be imposed under BA 1976 section 3(6).
Youth detention accommodation
There are a number of conditions which must be met regarding the youth detention accommodation:
- The defendant must be aged 12 to 17 yrs;
- The Court must be satisfied that either defendant is legally represented before the court or if not legally represented this was because:
– representation withdrawn because of the defendant’s conduct or financial resources meant that the defendant was not eligible for representation;
– the defendant applied for representation but she/he was not eligible; or
– the defendant refused or failed to apply for representation. - Either the offence is a violent or sexual offence, or it is one punishable with prison of 14 years or more in which case the court will consider (4) below. If not any of the above courts must consider 2 sets of history conditions.
- The Court must consider whether remand to youth detention accommodation is necessary either to protect the public from death or serious personal injury occasioned by further offences committed by the child, or to prevent the commission by the child of further imprisonable offences.
- If the defendant turns 18 during the course of remand, he/she will remain in youth detention accommodation until he is released or returned to court.
To conclude, this is the procedure and the rules that juveniles follow when appearing in Court. The next and last step of the procedure is the sentencing of the juvenile at the end of the hearing(s).
Advice from our juvenile court Solicitors
If you have any questions regarding this article or any other matter regarding Juveniles and court please get in touch with our experienced juvenile court solicitors who form part of our team of family law solicitors.
