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- The Development of Delinquency | Juvenile Crime, Juvenile Justice | The National Academies Press
- Young People and Crime Improving Provisions for Children Who Offend
- Position Statement 51: Children With Emotional Disorders In The Juvenile Justice System
The fact that the youth does not or cannot take any part in the proceedings does not render them unfair or in any way improper. The Article 6 ECHR right to a fair trial is not engaged by this process as it is part of the protective jurisdiction contemplated by the Mental Health Act If the court finds that the youth did not do the act or make the omission alleged, the proceedings are terminated by way of an acquittal.
If the court finds that the youth did the acts alleged, it should consider whether to seek further medical evidence with a view to making a hospital order under section 37 3 Mental Health Act The court may also make a guardianship order if the youth is aged 16 or If a disposal under the Mental Health Act is inappropriate, it may be appropriate to alert the local authority to the position, with a view to consideration of care proceedings. Archbold b.
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The overriding principle is set out at paragraph III. The purpose of criminal proceedings is to determine guilt, if that is in issue, and decide on the appropriate sentence if the defendant pleads guilty or is convicted. All possible steps should be taken to assist a vulnerable defendant to understand and participate in those proceedings. The ordinary trial process should, so far as necessary, be adapted to meet those ends.
Regard should be had to the welfare of a young defendant as required by section 44 of the Children and Young Persons Act , and generally to paragraphs 1 and 3 of the Criminal Procedure Rules the overriding objective and the courts powers of case management.
The Development of Delinquency | Juvenile Crime, Juvenile Justice | The National Academies Press
The court has an inherent power to appoint an intermediary to assist a youth defendant to prepare for the trial in advance of the hearing and during the trial so that he can participate effectively in the trial process. This appointment is not made pursuant to a special measures direction under the Youth Justice and Criminal Evidence Act , but is part of the courts duty to take such steps as are necessary to ensure that a youth has a fair trial, not just during the proceedings, but beforehand as he and his lawyers prepare for trial: C v Sevenoaks Youth Court  EWHC Admin.
A youth offender may give evidence in criminal proceedings in the magistrates' court and the Crown Court using a live link if:. A live link is defined in sec 33B Youth Justice and Criminal Evidence Act as an arrangement by which the accused, while absent from the place where the proceedings are being held, is able to see and hear a person there, and to be seen and heard by the judge, justices, jury, co accused, legal representatives and interpreters or any other person appointed by the court to assist the accused.
The defence must apply for a live link direction, which prevents the defendant from giving oral evidence in the proceedings in any manner other than through a live link s33A 6. The court may discharge a live link direction at any time if it appears in the interests of justice to do so of its own motion or on application by any party s33A 7.
Young People and Crime Improving Provisions for Children Who Offend
The court must give reasons in open court for giving or discharging a live link direction or for refusing an application for or the discharge of a live link direction. Those reasons must be recorded on the register of proceedings where the decision was made in the magistrates' court s33A 8. A youth convicted in the youth court or magistrates' court of a "specified offence" as defined in section Criminal Justice Act may be committed to Crown Court for sentence if the magistrates decide that the criteria for the imposition of a sentence of detention for life s or an extended sentence sB appear to be met.
The question of venue for youths who are charged with grave crimes, specified offences or jointly charged with an adult should be considered at an early stage. Venue should be considered by a Youth Offender Specialist YOS on initial review of the file and kept under review until the issue is decided by the court. The decision of the YOS on venue together with reasons must be recorded on the file. There will be few cases in which it will be appropriate to exercise the power to send a youth for trial under section 51A 3 d Crime and Disorder Act It should only be exercised where:.
Prosecutors should usually recommend summary trial on the basis that the youth court is the appropriate tribunal for youth trials. Summary trial will usually reduce delay and will allow more youth co-defendants to be tried together. Trial on indictment is unnecessary as the youth can be committed for sentence under section 3C Powers of Criminal Courts Act if , having heard all the facts about the offence and the offender, the court decides that a sentence under the dangerousness provisions may be necessary.
In exceptional cases where there is sufficient information for the court to determine dangerousness and it is in the interests of justice for the youth to be tried on indictment, prosecutors should represent that the youth should be sent for trial under section 51A 3 d Crime and Disorder Act The decision to represent trial on indictment should be taken by a youth specialist and full reasons should be recorded on the file. Where the youth is sent for trial under section 51A 3 d , he may, on the same occasion, also be sent for trial for any indictable offence that is related to that offence and for any summary offence i.
Where the youth court appears on a subsequent occasion, he may be sent for trial for any indictable or summary offence as defined above that is related to the offence for which he was sent for trial under section 51A 3 d Crime and Disorder Act There is no power to commit summary offences that are related to the subsequent indictable offence section 51A 5 Crime and Disorder Act where the youth appears on a subsequent occasion.
If the court decides that the criteria for sending the youth under section 51A 3 d Crime and Disorder Act are not met and the offence is also a grave crime, the prosecution and the defence will be invited to address the court on the appropriate venue for trial. Prosecutors should make representations in accordance with the principles set out below in the Grave Crimes section. When a youth is to be sentenced for a specified offence and the criteria for imposing an extended sentence section B Criminal Justice Act or a life sentence section Criminal Justice Act appear to be met, the prosecutor should assist the court by drawing to its attention:.
When the sentencing hearing takes place in the youth court, the prosecutor should remind the court of its power to commit for sentence under section 3C Powers of Criminal Courts Sentencing Act If a youth is convicted on indictment of a grave crime, the Crown Court may pass a sentence of detention under section 91 3 Powers of Criminal Courts Sentencing Act for a period that does not exceed the maximum period of imprisonment that can be imposed on a person aged 21 or over. The Crown Court may only impose a sentence of detention under section 91 Powers of Criminal Courts Sentencing Act if none of the other available sentences are suitable section 91 3 Powers of Criminal Courts Sentencing Act In all cases involving a grave crime, the magistrates should be invited to consider the question of venue.
Schedule 3 Criminal Justice Act introduces a modified plea before venue procedure and committal for sentence provisions. A youth will be asked to indicate a plea section 24A 6 Magistrates' Courts Act , and may be committed for sentence following an indicated guilty plea, if the youth court considers that there is a real prospect of a custodial sentence of or in excess of 2 years section 3B Powers of Criminal Courts Sentencing Act If the youth indicates a not guilty plea or gives no indication of plea, then the court will consider venue.
taylor.evolt.org/vakyd-la-marina-del.php Section 3B Powers of Criminal Courts Sentencing Act does not apply where the youth is convicted after trial, so it is essential that proper consideration is given to venue before a plea is taken to ensure that the convicting court has the power to pass a sentence that is commensurate with the seriousness of the offence.
On the same occasion that a youth is sent for trial for a grave crime, he or she may also be sent for trial for any indictable offence that is related to the grave crime and for any summary offence that is punishable with imprisonment or carries mandatory or discretionary disqualification from driving that is related to the grave crime or to the indictable offence that is related to the grave crime section 51A 4 Crime and Disorder Act Where the youth appears on a subsequent occasion, he may be sent for trial for any indictable or summary offence punishable with imprisonment or mandatory or discretionary disqualification from driving that is related to the grave crime.
There is no power to send summary offences that are not related to the grave crime section 51A 5 Crime and Disorder Act The reviewing lawyer should bear in mind the principles set out by Leveson J. The general policy of the legislature is that those who are under 18 years of age and in particular children of under 15 years of age should, wherever possible, be tried in the youth court. It is the court which is best designed to meet their specific needs.
A trial in the Crown Court with the inevitably greater formality and greatly increased number of people involved including a jury and the public should be reserved for the most serious cases. It is a further policy of the legislature that, generally speaking, first time offenders aged 12 to 14 and all offenders under 12 should not be detained in custody and decisions as to jurisdiction should have regard to the fact that the exceptional power to detain for grave offences should not be used to water down the general principle.
Those under 15 will rarely attract a period of detention and, even more rarely, those who are under In each case the court should ask itself whether there is a real prospect , having regard to his or her age, that this defendant whose case they are considering might require a sentence of, or in excess of, two years or, alternatively, whether although the sentence might be less than two years, there is some unusual feature of the case which justifies declining jurisdiction, bearing in mind that the absence of a power to impose a detention and training order because the defendant is under 15 is not an unusual feature.
Prosecutors should make a full file note of the representations made by the prosecution and by the defence, including any Sentencing Guidelines and caselaw referred to. The decision of the court together with reasons should also be endorsed on the file. In rare cases, where the court's decision to accept jurisdiction appears to be so unreasonable, prosecutors should immediately ask the court not to take a plea and seek an adjournment to consider whether to seek judicial review of that decision. The expedited procedure should always be used to avoid delay in youth cases. Where the court accepts jurisdiction, prosecutors should assist the court at the sentencing hearing by reminding the court of its power under section 3C Powers of Criminal Courts Sentencing Act to commit for sentence where the youth is dangerous and the conditions for a sentence under sections life or B8 extended sentence Criminal Justice Act appear to be satisfied.
The power is available even if the youth is convicted after trial, unlike the power in section 3B Powers of criminal Courts Sentencing Act Where a youth offender is jointly charged with an adult, the charge shall be heard in the adult magistrates court: Section 46 1 CYPA In every either-way or indictable only case, the court must only send the youth offender to the Crown Court for trial with an adult where it is necessary in the interests of justice to do so.
If the offence that is jointly charged is a grave crime, the court should first conduct the grave crime procedure see Graves Crime section in this guidance and should send the youth to the Crown Court if there is real prospect of a custodial sentence of two years or more. The magistrates' court has jurisdiction to determine venue for grave crimes and the youth should not be remitted to the Youth Court for trial under section 29 Magistrates' courts Act for this purpose.
The youth will be invited to indicate a plea before the court decides whether a joint trial is necessary "in the inter2sts of justice" where the youth is:. Where the youth does not indicate a guilty plea, the court shall send the youth for trial if it is "in the interest of justice" to do so. The sending may be on the same or subsequent occasion that the adult is sent section 51 7 Crime and Disorder Act The court may also send any related indictable or summary offences but only where the youth is sent for trial on the same occasion as the adult.
It will not always be appropriate for related offences to be sent, for example where there are youth co-defendants and a single trial in the youth court is desirable. In considering whether or not a youth offender should be sent for trial to the Crown Court with an adult co-accused, prosecutors should assist the court to exercise its discretion to commit the youth by asking representations.
A joint trial will usually be in the interests of justice as it reduces the risk of inconsistent verdicts and is less stressful and inconvenient for the witnesses. Although youths should be tried in a specialist youth court wherever possible, they can have a fair trial in the Crown Court, which can modify its practice and procedure to enable youth to participate effectively in their trial.
Other relevant factors may include:. A youth who has been sent for trial with an adult where the first hearing was on or after the date that Schedule 3 Criminal Justice Act came into force because it is in the interests of justice to do so, may be remitted back to the youth court for trial if the indictment no longer includes the "main offence", and the youth has not been arraigned. The definition of the "main offence" includes the offence for which the youth and the adult were sent where the conditions for that sending are no longer satisfied.
This includes cases in which the adult will not be tried for that offence because he has pleaded guilty or the case against him will not proceed. As the adult will not be tried at all, it cannot be said that a single trial in the Crown Court is still in the interests of justice.
Unless the offence is a "grave crime" or the youth appears to be "dangerous", the youth should be remitted to the youth court for trial Schedule 3, paragraph 13 Crime and Disorder Act , as amended. Where any offence on the indictment is a grave crime the Crown Court should determine venue see grave crimes in the preceding section. The youth should be tried in the Crown Court only if there is a real prospect of a custodial sentence of two years.
Position Statement 51: Children With Emotional Disorders In The Juvenile Justice System
If there is no real prospect of such a sentence the youth should be remitted for trial in the youth court. There is no reason why youths charged with grave crimes should not, where appropriate, be tried in the Crown Court. In R v United Kingdom and T v United Kingdom  the European Court was asked to consider, inter alia, whether the killers of James Bulger had received a fair trial in the Crown Court in contravention of Article 6, and whether the trial itself amounted to inhuman and degrading treatment in contravention of Article 3.
The Court held that the particular features of the Crown Court trial process did not cause suffering going beyond that inevitably engendered by any attempt to deal with the defendants for the offence in question and therefore Article 3 was not contravened. However, the Court held that the defendants had not received a fair trial in contravention of Article 6 because of the intense media and public interest prior to the trial, the obviously media and public presence in court during the trial and because insufficient adjustments had been made to the Crown Court trial procedure to enable the defendants to participate fully in the trial bearing in mind their ages, level of maturity and intellectual and emotional capacity.
The Court did not rule that youth trials in the Crown Court are unfair per se. This takes account of the particular concern expressed by the European Court. Prosecutors should be familiar with the provisions of the Practice Direction and should ensure that a copy is annexed to the brief to counsel instructed to conduct a trial of a youth in the Crown Court. Where a youth is to be tried in the Crown Court, whether alone or jointly with other youths or adults, it is essential that a full record is made on the file, and that note copied in the brief to Counsel showing the detailed consideration that has been given to the question of venue.
The file endorsement and brief should also include the details of the representations made to the youth court and case law relevant to sentencing. This Guideline does not supersede the Sentencing Guidelines Council Definitive Guidelines on Sexual Offences Act and Robbery, which both set out principles to be applied for young offenders.