The key features of the youth justice system:
For youth justice purposes, a child is aged 10 to 13 and a young person is aged 14 to 17. Persons under age 10 cannot, in law, be guilty of a criminal offence though local authorities may apply to the Family Court for a Child Safety Order (Crime and Disorder Act 1998 s11) and they are empowered to institute "care proceedings" under the Children Act 1989.
Part 1 of this post noted that the principal objective of the youth justice system is prevention of offending by children and young persons. Further, every court in dealing with a child or young person shall have regard to the welfare of the child or young person.
The U.N. Convention on the Rights of the Child states in Art 3:
There is a Youth Justice Board (YJB) and also local authorities operate Youth Offending Teams (YOT).
Youth Courts are based in Magistrates' Courts and are operated by authorised judges or magistrates. Exceptionally, children or young persons can be tried in the Crown Court (e.g. for murder and certain other particularly serious offences).
The YJB was created by the Crime and Disorder Act 1998 s.41 and it oversees the youth justice system in England and Wales. The YJB is an executive non-departmental public body and its board members are appointed by the Secretary of State for Justice. However, it operates at arms length from the government and has an extensive list of functions set out in section 41(5).
Local authorities are required to establish Youth Offending Teams - Crime and Disorder Act 1998 s.39. The teams are multi-disciplinary bodies, comprising staff from the Police, Probation Service, Social Services, Health and Education services. This enables them to more comprehensively respond to the needs of children and young people who have offended and those who are at risk of doing so. The YOT will identify the needs of each young person, the specific problems leading to offending and the risk that he or she poses to others. The YOT can then identify suitable programmes to
address the needs of the young person with a view to preventing offending or re-offending. The YOT has a key role in providing information about offenders for sentencing purposes. YOTs supervise young people who have offended and who are serving orders in the community. The Youth Justice Board sets performance indicators for YOTs.
Each Local Justice Area in England and Wales is required to establish a Youth Panel comprising those magistrates who are authorised to sit in the Youth Court - see Youth Court (Constitution of Committees and Right to Preside) Rules 2007.
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
There is a Youth Justice Board (YJB) and also local authorities operate Youth Offending Teams (YOT).
Youth Courts are based in Magistrates' Courts and are operated by authorised judges or magistrates. Exceptionally, children or young persons can be tried in the Crown Court (e.g. for murder and certain other particularly serious offences).
The Youth Justice Board (YJB):
The YJB was created by the Crime and Disorder Act 1998 s.41 and it oversees the youth justice system in England and Wales. The YJB is an executive non-departmental public body and its board members are appointed by the Secretary of State for Justice. However, it operates at arms length from the government and has an extensive list of functions set out in section 41(5).
Youth Offending Teams (YOT):
Local authorities are required to establish Youth Offending Teams - Crime and Disorder Act 1998 s.39. The teams are multi-disciplinary bodies, comprising staff from the Police, Probation Service, Social Services, Health and Education services. This enables them to more comprehensively respond to the needs of children and young people who have offended and those who are at risk of doing so. The YOT will identify the needs of each young person, the specific problems leading to offending and the risk that he or she poses to others. The YOT can then identify suitable programmes to
address the needs of the young person with a view to preventing offending or re-offending. The YOT has a key role in providing information about offenders for sentencing purposes. YOTs supervise young people who have offended and who are serving orders in the community. The Youth Justice Board sets performance indicators for YOTs.
Youth Courts:
Each Local Justice Area in England and Wales is required to establish a Youth Panel comprising those magistrates who are authorised to sit in the Youth Court - see Youth Court (Constitution of Committees and Right to Preside) Rules 2007.
The judiciary in the Youth Court will be either a bench of three Justices of the Peace (JPs) or a professional judge such as a District Judge (Magistrates' Courts). Where a bench sits it must normally comprise at least one man and one woman. JPs have to be trained and authorised as provided by the Courts Act 2003 s.50. JPs are advised on law and procedure by a legally qualified adviser. There is provision for other other ranks of judge to sit in the Youth Court - see Children and Young Persons Act 1933 s.45 as affected by Courts Act 2003 s.66.
Trial of most criminal cases involving children or young persons will be in a Youth Court. The court may in any case require the parent(s) or guardian to attend and must generally do so if the child or young person is under the age of 16 - Children and Young Persons Act 1933 s.34A.
Trial of most criminal cases involving children or young persons will be in a Youth Court. The court may in any case require the parent(s) or guardian to attend and must generally do so if the child or young person is under the age of 16 - Children and Young Persons Act 1933 s.34A.
During a Youth Court sitting, only certain persons may be present - C&YPA 1933 s.47. Also, reporting restrictions apply - C&YPA 1933 s.49 but the court has power to order that restrictions will not apply.
Children and Young Persons are not imprisoned but, in certain circumstances, they can be held in custody in one of three forms of accommodation - sometimes referred to as "the secure estate."
The three forms are: Young Offender Institution (YOI); Secure Training Centres (STC) and Secure Children's Homes. The YJB commissions the places in all three. After sentence (or remand in custody) the YJB Placement Team decides in which part of the secure estate the child or young person will be held. The decision is based on an assessment undertaken by the YOT and also on factors such as the availability of places , age, gender, maturity and the risks associated with the individual. The aim is to accommodate the individual as close as possible to home so that contact with positive family relationships can be maintained.
Offences committed by children or young persons are not always dealt with via the Youth Court since it can be preferable to keep cases out of the court system provided that this is commensurate with the gravity of the case. Court proceedings can affect the young person for many years afterwards: reducing chances of employment and preventing them fulfilling their potential. Out of court methods include penalty notices for disorder, reprimands, final warnings, and youth conditional cautions.
Penalty Notices for Disorder are available for young people aged 16 and 17. They offer an additional method of dealing with low-level offending and anti-social behaviour. There must be sufficient evidence to support a successful prosecution. When a notice is used, the Police inform the YOT.
Reprimands and final warnings replaced cautions for young people - Crime and Disorder Act 1998 ss. 65 and 66. They cannot be given unless the offence is admitted. They are not court orders but can be taken into account by the court when looking at antecedent history. A reprimand will be given for many first time offenders who have committed less serious offences. A final warning is given to those who have received a reprimand before or in cases where the offence is considered to be too serious for a reprimand. When a final warning is given, the YOT is informed and the young person is then assessed with a view to work being done to prevent further offending. No further final warning may be given unless it is at least 2 years since the earlier warning and the offence is not so serious as to merit charge.
The court has a considerable array of powers including Absolute and conditional discharges; referral orders; fines / compensation orders; youth rehabilitation orders; Detention and Training Orders. Sentencing of young offenders is a difficult task involving balancing the seriousness of the offence and offending history against the welfare needs of young offenders. The availability of some orders depends on the age of the offender. The court will bear in mind the principal aim of the youth justice system as well as the welfare principle.
The whole range of sentences and disposals may be seen on the YJB website - Justice - Orders and Disposals
Sentencing Guidelines - Over-arching principles: Sentencing Youths
The general aim of the system is to avoid Crown Court trial but, in some instances the law requires it in relation to very serious offending. The legal provisions are complex and there is considerable case law.
The more usual type of case committed for trial in the Crown Court is that of so-called serious (grave) offences. Another type of case is where the child or young person is charged jointly with an adult and the youth court considers it necessary in the interests of justice to commit them both to the Crown Court for trial - Magistrates Courts Act 1980 s.24.
Secure accommodation:
Children and Young Persons are not imprisoned but, in certain circumstances, they can be held in custody in one of three forms of accommodation - sometimes referred to as "the secure estate."
 |
| Oakhill Secure Training Centre |
Out of court handling of young offenders:
Offences committed by children or young persons are not always dealt with via the Youth Court since it can be preferable to keep cases out of the court system provided that this is commensurate with the gravity of the case. Court proceedings can affect the young person for many years afterwards: reducing chances of employment and preventing them fulfilling their potential. Out of court methods include penalty notices for disorder, reprimands, final warnings, and youth conditional cautions.
Penalty Notices for Disorder are available for young people aged 16 and 17. They offer an additional method of dealing with low-level offending and anti-social behaviour. There must be sufficient evidence to support a successful prosecution. When a notice is used, the Police inform the YOT.
Reprimands and final warnings replaced cautions for young people - Crime and Disorder Act 1998 ss. 65 and 66. They cannot be given unless the offence is admitted. They are not court orders but can be taken into account by the court when looking at antecedent history. A reprimand will be given for many first time offenders who have committed less serious offences. A final warning is given to those who have received a reprimand before or in cases where the offence is considered to be too serious for a reprimand. When a final warning is given, the YOT is informed and the young person is then assessed with a view to work being done to prevent further offending. No further final warning may be given unless it is at least 2 years since the earlier warning and the offence is not so serious as to merit charge.
Youth conditional cautions became available with the Criminal Justice and Immigration Act 2008 s.48. but are currently only available in certain areas of the country. Currently, these cautions are available for 16 and 17 year olds though this could be extended to lower ages. Conditions attached to such a caution may include provisions to support rehabilitation, effect reparation or punishment and can include a fine and/or an attendance centre requirement. YOTs have a key role in assessing cases, recommending, supervising and delivering Youth Conditional Caution conditions, subject to approval and oversight by the CPS.
Sentences available to the youth court:
The court has a considerable array of powers including Absolute and conditional discharges; referral orders; fines / compensation orders; youth rehabilitation orders; Detention and Training Orders. Sentencing of young offenders is a difficult task involving balancing the seriousness of the offence and offending history against the welfare needs of young offenders. The availability of some orders depends on the age of the offender. The court will bear in mind the principal aim of the youth justice system as well as the welfare principle.
The whole range of sentences and disposals may be seen on the YJB website - Justice - Orders and Disposals
Sentencing Guidelines - Over-arching principles: Sentencing Youths
Trial in the Crown Court - grave offences etc:
The general aim of the system is to avoid Crown Court trial but, in some instances the law requires it in relation to very serious offending. The legal provisions are complex and there is considerable case law.
The more usual type of case committed for trial in the Crown Court is that of so-called serious (grave) offences. Another type of case is where the child or young person is charged jointly with an adult and the youth court considers it necessary in the interests of justice to commit them both to the Crown Court for trial - Magistrates Courts Act 1980 s.24.
Boy aged 11 sentenced to Youth Rehabilitation Order for 18 months - The Guardian 31st August
ReplyDelete