what is the age of criminal responsibility
no child under 10 can be guilty of an offence, so 10-17 are youths
child vs young person age
child= under 14
young person = 14-17
who sits in a youth court
one district judge or no more than 3 mags
when mist parents/guardians attend the youth court
under 16- at all stages unless unreasonbale
16-17- may require to attend
who should not act as an appropriate adult?
if suspoected of involvement, are the victim, a witness, involved in investigation or received admissions prior to attending to act as AA
what is the role of an AA
advise the juvenile, observe whether interview is being conducted properly and fairly and faciliatte communication with juvenile
what are the options after interview of child /YP
NFA, triage, community resolution, youth caution, youth conditional caution and charge
what is a youth caution
formal out of court disposal - after this youth must be referred to youth justice service
when can youth cautions be used
if police are satisfied tht there is sufficient evidence to charge the youth with an offence, youth admits offence to police, or polcie do not consider that the youth should be prosecuted or given a youth conditional caution for offence
what is the relevant age for the purpose of sentence
age of offender at date of conviction
when is someone classed as a persistant offender
3 or more findings of guilt in past 12 months for imprisonable offence of multiple offences over a short period of time
what are the 3 powers of committal to cc for sentence in youth courts
youth is convicted of grave crime, dangerous young offender or related offences
what are the non custodial sentences available for youths
youth rehabilitation order- max 36 months
referral order- min 3 months, max 12 months
reparation orders
orders against parents
when is a referral order mandatory
young offender has no pre cons, and pleads guilty to an imprisonable offence
what are the options to the court is breach youth referral order
take no action, impose a fine, amend terms of order or revoke order and resentence
what is the only custodial sentence available to a youth court
detention and training order - can only be used if convicted of an offence which is punishable with imprisonment in case of an adult
when will youth have first hearing at an adult mags court
youth jointly charged with adult, charged with aiding and abetting adult to commit offence etc
when must a youth be sent to CC
charged with homicide or firearm offence, serious fraud, dangerous offender
when is an offence a grave crime
if max sentence for an adult is 14 or more years, and would the youth likely receive a senetnce of 2 or more years
