Youth

Questions and Answers

What effect does declaring a person's age in court have if it is later proven incorrect?

The person is considered an adult regardless of their age declaration.

A new court hearing must be convened to rectify the age.

The declared age remains valid for the purposes of the 1933 Act. (correct)

The court order is automatically invalidated.

In what situation may the court ask for further inquiries regarding a person's age?

If the age has been formally documented by a health care professional.

If the person has previously misrepresented their age.

When the court has received complaints about the age declaration.

If the person or their guardians provide ambiguous information. (correct)

Who is allowed to remain in the youth court after giving evidence?

Only the parties involved in the case.

Witnesses. (correct)

Legal representatives for other defendants.

Court officials.

What type of individuals are excluded from entering the youth court during a case?

Legal representatives from outside the current case. Signup and view all the answers

For sentencing purposes, on what basis is a person's age considered by the court?

The age according to court's assessment of available evidence. Signup and view all the answers

Who can be present in the youth court under special authorization?

Persons authorized by the court. Signup and view all the answers

Which of the following roles is explicitly permitted in the youth court during proceedings?

Bona fide representatives of news organizations. Signup and view all the answers

What is a possible role of probation officers in a youth court case?

Providing character references and recommendations. Signup and view all the answers

In what circumstances can the court order the attendance of a parent or guardian for an accused child or young person?

The court may order it in any case, but must do so if the accused is under 16. Signup and view all the answers

Which of the following statements about the terminology in youth court trials is accurate?

The term 'finding of guilt' replaces 'conviction' in youth court trials. Signup and view all the answers

What defines a 'guardian' in the context of youth court proceedings?

Any person the court believes has the care of the child or young person. Signup and view all the answers

Under what condition might a court find it unreasonable to require a parent or guardian to attend?

There are extraordinary circumstances pertaining to the case. Signup and view all the answers

How do youth court trials generally compare to adult magistrates' court trials?

The course of a trial in the youth court is fundamentally similar to that of adult courts. Signup and view all the answers

What must a local authority representative do if they have parental responsibility for an accused child?

Their attendance may be required, but can be in lieu of the parent. Signup and view all the answers

Why is the public's right to attend youth court trials different from other court proceedings?

There is a specific regulation that limits public attendance. Signup and view all the answers

Which statement regarding the terms used in youth court proceedings is correct?

The terminology of youth courts is explicitly defined in legal statutes. Signup and view all the answers

What is the maximum fine that can be imposed on a young offender aged 10 to 13?

£250 Signup and view all the answers

Which of the following orders can be made by the youth court against the parents of a young offender?

Parenting order Signup and view all the answers

What is the primary purpose of a detention and training order?

To subject the offender to detention and training Signup and view all the answers

Which of the following is true regarding compensation orders for young offenders?

There is no cap on the total compensation for multiple offences Signup and view all the answers

A young offender can be subject to a detention and training order if they are what age range?

At least 12 but under 18 Signup and view all the answers

Which statute governs the maximum compensation amount for young offenders?

SA 2020 Signup and view all the answers

If a young offender commits multiple offences, what is the maximum limit for compensation for each offence?

£5,000 Signup and view all the answers

What type of order is a youth rehabilitation order classified as?

Community-based order Signup and view all the answers

What is a requirement for a referral order to be available in court?

The offence must be an imprisonable offence. Signup and view all the answers

Which of the following conditions must not be present for a referral order to be available?

The offence is fixed by law. Signup and view all the answers

What must happen if the compulsory referral conditions are met?

The court must make a referral order. Signup and view all the answers

What is required of the offender concerning other convictions to be eligible for a referral order?

The offender must have never been convicted of another offence. Signup and view all the answers

What role does the Secretary of State play in the implementation of referral orders?

The court must receive notice that referral arrangements are available. Signup and view all the answers

What type of court can deal with referral orders according to the requirements?

A youth court or other magistrates' court. Signup and view all the answers

Which of the following actions by the court would prevent the availability of a referral order?

Issuing a hospital order. Signup and view all the answers

When is the court allowed to make a referral order even if it is not compulsory?

If the compulsory conditions are not met. Signup and view all the answers

What differentiates the procedure in youth court from that in adult magistrates' court?

The accused sits on a chair rather than in a dock. Signup and view all the answers

When a person under the age of 18 is charged with an indictable offence, what is the standard procedure?

They are tried summarily unless specified otherwise. Signup and view all the answers

Under what circumstances must a child or young person be tried in the Crown Court?

For homicide and certain firearms offences with mandatory minimum sentences. Signup and view all the answers

What does Section 51A specify regarding cases with adult co-accused?

They may be tried either summarily or on indictment as discretion allows. Signup and view all the answers

What is the nature of the oath taken by witnesses in youth court?

It is to 'promise' to tell the truth rather than to 'swear'. Signup and view all the answers

What is the effect of the Crime and Disorder Act 1998 regarding trials of young persons?

It allows summarily trials for most cases unless specified otherwise. Signup and view all the answers

What additional factors must be considered under S51A for sentencing a young person?

The possibility of detention under relevant sentencing provisions. Signup and view all the answers

What is indicated by the phrasing of the youth court process when dealing with young witnesses?

Young witnesses are addressed by their first names to create a less intimidating environment. Signup and view all the answers

Study Notes

Court Judgments and Age Presumption

Subsequent evidence of incorrect age does not invalidate court judgments.
Individuals are regarded as the age presumed by the court, according to the 1933 Act.
Courts can accept statements regarding age from the individual or their guardian but may request additional verification if necessary.
Age-dependent powers of magistrates are similarly governed, with age considered based on available evidence during sentencing.

Youth Court Procedures

Youth court sessions exclude public attendance to maintain privacy.
Allowed attendees include court officials, parties involved in the case, legal representatives, and witnesses.
Journalists may attend under specific reporting restrictions.
All others involved (e.g., probation officers, social workers) require court authorization for presence.

Parental Involvement in Youth Trials

Attendance of a parent or guardian is mandatory for accused individuals under 16 and can be ordered for older youth if reasonable.
'Guardian' includes any person responsible for a child's care, while 'parent' encompasses adoptive parents as per the Adoption Act 1976.

Structure of Youth Court Trials

Youth court trials mirror adult magistrate procedures but avoid formal terminology.
Terms "conviction" and "sentence" are replaced with "finding of guilt" and "order made on a finding of guilt".
The procedure is less formal, with accused individuals and witnesses addressed by their first names.
Witnesses promise to tell the truth rather than swearing an oath.

Trial on Indictment for Youth Offenders

Young offenders typically face summary trials unless sent to the Crown Court for serious charges.
Specific offenses such as homicide or firearms-related crimes may necessitate Crown Court trial.
Youth under 18 appearing for indictable offenses should be tried summarily, with exceptions defined by the Crime and Disorder Act 1998.

Sentencing and Ancillary Orders

Youth courts can issue fines and other rehabilitation orders limited based on the offender's age group.
Maximum fines are £1,000 for those aged 14-17 and £250 for ages 10-13.
Courts can order compensation up to £5,000 per offense but can aggregate multiple offenses.
Parents may face orders including binding over or parenting orders connected to the young offender's behaviors.

Detention and Training Orders

Available for offenders aged 12-17 who have committed imprisonable offenses.
Sentences include a combination of detention, training, and post-release supervision.

Referral Orders

Applicable in youth or magistrates' courts for first-time offenders under 18.
Referral orders are not available for offenses with mandatory sentencing or if the court intends to impose a custodial or hospital order.
Courts must implement referral orders if conditions, such as the offender's plea and eligibility, are met.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the legal principles surrounding court declarations of age under the 1933 Act. Participants will learn about the validity of court orders, the role of statements by individuals or guardians, and conditions under which further inquiries may be requested. Test your understanding of these important legal concepts.