Youth Court
Description
A Youth court is a special type of Magistrates court for people aged under 18.
A Youth court has either up to 3 magistrates or a district judge, there is no jury in a Youth Court.
How Youth courts are different from Adult courts
Youth courts are less formal than adult courts because members of the public are not allowed to be in the court unless given permission, you are called by your first name and details that could identify you are not allowed to be published.
The types of cases that are dealt with in a youth court are:
- Theft and burglary
- Anti-social behaviour
- Drugs offences
The court can give a range of sentences including:
- Community sentences
- Intensive supervision sentences
- Detention and Training orders carried out in secure centres for young people
The Youth court has to consider the seriousness of the offence, a relevant punishment for this alongside the welfare of the young person they are sentencing.
Going to court
If you're in Kirklees, the normal court your case will appear at is in Leeds, but people sometimes have to go to other courts because of where an offence took place or who was supposed to have committed the offence with them.
For legal representation, having a solicitor is a good idea. If you aren't able to afford a solicitor you are able to get legal aid. If you don't have a solicitor by the time you get to court you can ask to see the duty solicitor.
At court there is an Usher, who organises the running order of cases and tells people when they should come into the court. You should introduce yourself to them on arrival, tell them which solicitor you have chosen and let them know of any particular needs you might have on the day.
Make sure you get to court on time as you could be arrested if late or don't attend. If there has been an emergency, you should call the court and tell them or speak to your solicitor. You should also attend with at least one parent or someone else to act as a responsible adult. If an adult isn't present the court may be delayed and rescheduled for another day.
It can help you to give a good impression at court by dressing smartly and being clear and polite with your communication. Phones are required to be switched off in the court room and you should not be eating, chewing or wearing a hat (unless for religious reasons).
Sentencing in the Youth Court
Magistrates' sentencing powers in the Youth Court are set by the Sentencing Guidelines, They include:
A detention and training order is an order that sends a youth to custody. Lengths of sentence can go from 4 months to 2 years.
The sentence is split into two halves. The first is spent in custody, and the second is spent under the supervision of the Youth Offending Team in the community.
A youth rehabilitation order is a community sentence which combines certain requirements, and is designed to make sentencing easier for young people to understand. The types of requirements that a court can impose include:
- A curfew requirement
- An education requirement
- A local authority residence requirement
- A supervision requirement
A youth rehabilitation order can run for a maximum of three years. All the requirements will have to be complied with in that time.
If the offence to be sentenced does not have a fixed sentence the youth court can demand that the youth makes reparation either to an individual victim or the community at large. This means doing something that makes up for the harm caused to the victim or the whole community.
A referral order is a 'contract' that a youth has with a group of three adults called a youth offender panel. The youth meets with the panel over the length of the order so that the offending behaviour can be addressed and to try and repair some of the damage caused.
The youth court must make a referral order if the youth has never been convicted before or any other offence in the UK, the offence is imprisonable and not an offence with a sentence fixed by law. Additionally the youth would have had to have pleaded guilty to the offence being sentenced and the youth court must feel that other youth court sentences such as an absolute discharge or custodial sentence are not appropriate.
A referral order can be between 3 and 12 months long.
If the youth court feels that a punishment should not be given they can order an absolute discharge or a conditional discharge, If an absolute discharge is imposed, then that is the end of the matter. This is the most lenient sentence in youth court sentencing.
If the court orders a conditional discharge then no punishment will be imposed if the defendant does not commit another offence during a set period of time. A conditional discharge can last up to three years.
These are extra orders that can be added to youth court sentences where the court thinks this is a good idea. These include things like compensation, costs and criminal behaviour orders.
Parenting orders are orders which require parents to attend coursed and guidance sessions with their child over a period of time. They may also have to make sure their child is at home in the evenings, or does not go to certain places. The parent or guardian cannot refuse to be subject to a parenting order. The parenting order lasts for 12 months.
The maximum fine that can be given to someone under 14 years old is £350. If the youth is over 14 and under the age of 18 the maximum fine is £1,000. The size of the fine will depend on the seriousness of the offence to be sentenced and how much the youth can pay. If the youth is under 16 the youth court must order that the fine is paid by the parent or guardian if this is possible.