| A Young Person's Guide to the Youth Court
|
Youth Courts deal with nearly all cases where
young people between the ages of 10 and 17 inclusive are said to have
broken the law and are not being dealt with by the Police by either
reprimand or final warning.
This page tells you about the Youth Courts, and shows how they deal
with offenders. It is for information only and should not be regarded
as a full statement of law.
|
| Going
to Court: |
There are two ways in which you may be brought
before the Youth Court:
Summons:
Usually you will get a written summons from the court. This will be
posted to you or handed to you personally. The summons tells you what
offences you have been charged with and gives the day and time that
you have to be at court and the address of the court building.
Arrest:
The Police may take you into custody. They will usually then release
you on bail, sometimes with conditions, until the court hearing. Details
of the court hearing will be on your bail notice. Details of the alleged
offences with which you have been charged will be shown on your charge
sheet.
|
| Attending
Court: |
It
is advisable to get to Court half an hour before the time you have
been given. When you arrive, tell the usher that you are there. Usually
they wear a black gown.
At least one of your parents (or guardians) must come to Court with
you, if you are 17 years of age this is not compulsory, but still
advisable. If no one attends with you, the case may be put off (adjourned)
to another day to ensure that someone is there with you.
|
| Seeing
a Solicitor: |
Consider getting a solicitor to speak for
you in court. You may qualify for free legal advice.
Your parents or friends may suggest one or you can see the Duty Solicitor
at Court. Don't be shy about contacting a solicitor, it is their job
to deal with such matters. Make sure that you show the solicitor any
charge / summons papers.
|
| In
Court: |
Courts are very formal. If you want to make
good impression in court the following points may be helpful:
- Try to be neat and tidy in your dress and appearance.
- Don't put your hands in your pockets, it is best to keep them
by your side.
- Don't eat or chew gum in court.
If you want to say something to the Magistrates but feel nervous about
speaking in court, write down what you want to say and hand your note
to the solicitor or the Legal Advisor. When you are speaking to the
Magistrates, address them as 'Sir' or 'Madam'.
Do not be afraid to ask if you do not understand anything. It can
be explained to you. If you or your parent/guardian or other adult
attending with you do not speak or understand English well, ask for
an interpreter.
|
| Admitting/Denying
the Charge(s): |
When you first go into Court the Clerk will
read out the offences with which you are charged. You will then be
asked whether you wish to plead 'guilty' or 'not guilty'.
You can then do one of three things:
- You can ask for a delay (an adjournment) to give you time to
talk to a solicitor about your case. If you are unsure about what
to do or if you have not spoken to a solicitor, it is best to
ask for an adjournment.
- You can deny the offence (plead 'not guilty'). The case will
then be adjourned to a later date for a 'Pre trial review' or
a full trial when witnesses can be called by both yourself and
the Crown Prosecution Service (CPS).
- You can admit the offence (plead 'guilty'). You should not do
this unless you have first discussed it with a solicitor. If you
plead guilty you may be dealt with there and then. Sometimes the
case will be put off until a later date to allow the Court to
find out more about you.
|
| Pre-Sentence
Reports (PSR's) / Stand Down Reports: |
Either of these reports are prepared by a
worker from the Youth Offending Team and will give the Magistrates
relevant information about you. When talking to the person writing
the report, remember that anything that is relevant can be included
in the report. Don't forget to mention the good things about yourself.
When you come before the Court to be sentenced you and your parent
/ guardian will be given a copy of the report. You should read it
very carefully. A Youth Offending Team worker will be at court and
will assist you if you have difficulties reading.
If you feel any part of the report is wrong or unfair, speak to the
officer present at Court and to your solicitor.
|
| The
Decision: |
If you are found guilty or if you plead guilty
the Crown Prosecutor will tell the Magistrates about the offence(s)
and whether you have any previous convictions or Police cautions.
If you disagree with anything they read out you should tell your solicitor
immediately.
Your solicitor will then speak for you, giving the Magistrates any
reasons or explanations concerning your behaviour. Any reports available
will also be read.
When the evidence from both sides has been heard the Magistrates will
then retire (leave the courtroom) to reach a decision. They will take
into account the seriousness of the offence, any previous record,
your general behaviour and the likelihood of your offending again.
When they return you should stand up and remain standing whilst they
give their decision.
|
| Sentencing: |
There
are a number of ways you can be dealt with. Ask your solicitor, or
a Youth Offending Team worker to discuss likely sentences with you.
The more usual sentences are:
| Conditional Discharge:
|
| The Magistrates may choose not to sentence, but to 'discharge'
the matter on the 'condition' that you do not re-offend during
a set period of time (usually 1 - 2 years). If you do re-offend
you may be dealt with for this matter also.
|
| Referral Order: |
| Most young people entered for the first time will receive
one of these. You will attend a panel with your family or other
supporter and perhaps meet the victim (or their representative)
- a programme will be agreed.
|
| Reparation Order:
|
| Following an assessment, a short programme of work will be
offered to the Court. This will include some form of 'reparation'
for the benefit of your victim or the community as a whole.
This means 'putting things right' e.g. by apologising, fixing
any damage or doing something for the community.
|
| Action Plan Order:
|
| A short programme of 'offence-focused' work. The Magistrates
will require you to follow specific instructions, such as attendance
at school, reparation etc.
|
| Attendance Centre
Order: |
| You may be ordered to go to an Attendance Centre for between
12 - 36 hours. Usually you will be expected to attend for two
hours on alternate Saturdays until you have completed the number
of hours required. Whilst at the centre, most of which are run
by the Police, you will have to take part in sport / physical
exercises as well as other activities.
|
| Financial penalties:
|
| Fines, Court Costs or Compensation Orders. The Court will
take your financial situation into account. You should therefore
be ready to give details of your income to your solicitor or
to the Court. Unless a young person is aged 16+ and has his/her
own income, the responsibility for payment of such penalties
will fall to parents / guardians.
|
| Parental Bindover:
|
| This requires parents to agree to exercise 'proper control'
over their children for a fixed period of time. Failure to do
so could result in a financial penalty.
|
| Parenting Order:
|
| Requires the Parent(s) or Guardians of offenders to undertake
some work to address issues relating to the upbringing of their
children.
|
| Supervision Order:
|
| The Magistrates can place you under the supervision of a worker
from the Youth Offending Team for between 6 months and 3 years.
This person will offer advice and support for the duration of
the order. Failure to co-operate will result in your being returned
to Court (breached) for re-sentencing. In the event of good
progress being made on such an order, an application can be
made to the court for it to be discharged early.
|
| ISSP: |
| Is a special type of supervision for persistent/serious offenders;
it involves a programme of 90 days minimum and at least 25 hours
of contact per week. Tags and voice verification form part of
the programme.
|
| Curfew Order: |
| (ages 16 - 17) Commonly known as a 'tag'. This is a form of
electronic monitoring, and requires agreement to the installing
of equipment in your home. A curfew order can be made alongside
another order.
|
| Community Rehabilitation Order:
|
| (ages 16 - 17) This was called a probation Order and is to
a Supervision Order, but is aimed at those aged 16+. A Youth
Offending Team worker may request that specific requirements
be attached to it.
|
| Community Punishment Order: |
| (ages 16 - 17) This was called a Community Service Order and
requires the completion of unpaid work for a total period of
between 40 and 240 hours.
|
| Community Punishment and Rehabilitation Order: |
| (ages 16 - 17) This was called a Combination Order and combines
a Community Rehabilitation Order of between 1 and 3 years and
a Community Punishment Order of between 40 and 100 hours.
|
Note: Failure to comply with any of the above Court Orders
will result in the case being referred back to the Court. This may
result in re-sentencing for the original offence, as well as for the
additional 'breach' offence.
|
| Custody |
Detention and Training
Orders:
(ages 12 - 17) A period of time between 4 and 24 months, half of which
is served in detention, the remainder in the community under the supervision
of a Youth Offending Team worker.
Committal to Crown Courts:
The Magistrates in the Youth Court may decide to commit the case to
the Crown Court where the sentencing decisions are made by a Judge.
They will do this for all very serious offences that might result
in longer custodial sentences than those which the Magistrates can
impose.
For the most serious of crimes e.g. murder, manslaughter, rape etc.
an order can be made under Section 53 of the 1933 Children and Young
Persons Act, to 'detain' offenders aged 10 to 17 years.
|
| Appeals: |
If you
are unhappy about the result of your court case you should discuss
an appeal immediately. Appeal papers have to be filed in court within
21 days of your conviction or sentence. If you appeal against a custodial
sentence, you can apply to be bailed until the appeal hearing. Appeal
cases are heard at the Crown Court. The court can increase or decrease
the original sentence.
|
|
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