CHILDREN AND YOUNG PEOPLE IN CRIMINAL PROCEEDINGS

Are you one of those criminal practitioners (Solicitor or Barrister) who considers that there is nothing wrong with your knowledge of offenders (18+) entering the criminal justice system but somehow you just don’t feel quite the same way when asked to represent children and young people.

​If that is the case, you should consider this 1-hour ZOOM presentation presented by Colin Beaumont. You will get a flavour of the items considered in the contents list below. If you feel comfortable with your knowledge in relation to the contents then you’re absolutely fine but if you have ‘nagging doubts’ about whether or not you really do know all that is expected of you……………

​This is not a course exclusively about the Youth Court – you may well be in the Youth Court but you could equally well be in the Adult Magistrates’ Court or the Crown Court.

​If you are a barrister dealing with this type of work this presentation will most certainly assist you with the law and procedural aspects of Youth Proceedings Competences as required by the Bar Standards Board.

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Content

 

The following topics will be under consideration

  • Serious offences (Grave Crimes) – the powers of the Youth Court to commit for sentence

  • Serious offences – sentences available to a Crown Court Judge when dealing with children or young people under the Sentencing Act 2020

  • The importance of an understanding of the concept of the ‘persistent offender’

  • Quantum of custody – how does the Judge work out the percentage of custody to be imposed upon a child or young person, as opposed to the adult sentence?

  • The circumstances in which the Youth Court has to become involved with Allocation and Sending

  • Should this young person be sentenced as an adult now that they are 18? – A consideration of the cases of  R v Ghafoor for R v Assad Yarrow

  • The powers of the Adult Magistrates’ Court when dealing with a child or young person – yes, they do have sentencing options available to them

  • The position concerning the child or young person when he or she appears jointly charged with an adult in the Adult Magistrates’ Court on an offence which is either- way

  • The position concerning the child or young person when he or she appears jointly charged with an adult in the Adult Magistrates’ Court on an offence which is indictable-only

  • The powers of a Crown Court Judge to sentence under the Dangerous Offender Provisions of the Criminal Justice Act 2003 – see also the Sentencing Act 2020

  • Remands into the care of the Local Authority

  • Remands into Youth Detention Accommodation (YDA) where liberty is restricted – serious crimes and young offenders who are simply a ‘mini crime wave!’

  • Detention during Her Majesty’s Pleasure

  • Qualifying Curfews – a curfew of 9 hours or more per day monitored by an electronic tag (the legal position with regards to young offenders)

  • 17 at commission date of the offence – 17 at charge – 18 at the date of first Court appearance – Youth Court or Adult Court?

  • The 17-year-old appearing in the Youth Court on a rape allegation – the practice and procedure according to the Sentencing Council

  • Certificates for Counsel

  • The consideration of ‘mandatory’ minimum sentences in the Youth Court

  • Firearms – knives (and Knife Crime Prevention Orders) – Offensive Weapons – Bladed Articles

  • Notification Requirements under Part 2 of the Sexual Offences Act 2003 – the ‘Sex Offender Register!’