The file should include the opinions of the relevant welfare agencies, particularly about the offender's stage of development or understanding of the offence and the perceived likelihood of repetition, the likely effect of proceedings on his or her mental state and the available welfare options. It is particularly important in remand cases that the prosecution is furnished with as much information as possible before making representations to the court. If necessary, an application should be made for the case to be put back until information is available.
Information may be obtained from a variety of sources, including criminal justice mental health teams, criminal justice liaison and diversion schemes and the youth offending team. A plea should not be accepted until the prosecutor has all the available information and has reviewed the file. Neither youth nor limited intellectual capacity necessarily leads to breach of the Article 6 ECHR right to effectively participate in a trial.
The minimum requirements for a fair trial are that:. A trial should not be abandoned before all practical steps to overcome the difficulties have been exhausted. The youth court should take appropriate steps to enable a youth with learning difficulties or mental impairment to participate in his trial including:. The judge has a continuing jurisdiction to stay proceedings for abuse of process. If it becomes apparent during the course of the hearing that the claimant is unable effectively to participate, the judge can stay the proceedings at that point.
This is better than staying the prosecution at the outset before it is known whether steps can be taken to enable a fair trial to proceed. Question: Where it is established that a person would be unfit to plead due to their mental capacity in a court of higher authority is it an abuse of process to try them thereafter for subsequent criminal acts? Answer: The fact that a court of higher authority has previously held that a person is unfit to plead does not make it an abuse of process to try that person for subsequent criminal acts. The issue of the child's ability to participate effectively must be decided afresh.
A child in early adolescence might well develop significantly over a relatively short period of time. It follows that just because the child is agree to be unfit to plead or unable to take part in a trial on one occasion does not mean that he will still be unfit or unable on another. Question: Where the magistrates' court establishes that a person cannot be tried in accordance with R v Barking Youth Court  EWHC Admin and then undertakes an inquiry into whether a defendant did the act alleged, is that a criminal trial?
Answer: Where the court decides to proceed to decide whether the person did the acts alleged, the proceedings are not a criminal trial. Answer: The court may consider whether to proceed to decide the facts at any stage. It may do so before hearing evidence or it may stop the criminal procedure and switch to the fact-finding procedure at any stage.
Question: Whether the District Judge erred in concluding on the evidence that the defendant did not have the mental capacity to effectively participate in the proceedings and accordingly stayed the proceedings on that basis? Answer: The District Judge should not have stayed the proceedings at the outset as he did without considering the alternative of allowing the trial to proceed while keeping Ps situation under constant review.
Question: Where it is established that a defendant is unfit to plead, to what extent is it necessary for him to participate in any trial of the facts? Answer: If the court proceeds with fact-finding only, the fact that the defendant does not or cannot take any part in the proceedings does not render them unfair or in any way improper; the defendants Article 6 rights are not engaged by that process. The court confirmed that it is only in exceptional cases that the youth court should exercise its power to stay proceedings before hearing any evidence on the substantive issue.
Medical opinion on the youth's capacity and ability to plead and participate in the trial is not conclusive and will not be the sole answer to the question of whether a youth should be tried for a criminal offence. It is for the court, not the doctors to decide whether a trial should take place, because it is the court's opinion of the youth's level of understanding which must determine whether a trial takes place. The court must be willing, in appropriate cases to disagree with and reject the medical opinion, and to consider the possibility that the medical evidence might appear in a different light if and when the trial progresses.
The court should take into account all relevant evidence, including:. If the court decides not to proceed with a criminal trial because the youth cannot take an effective part in the proceedings, it should consider whether to switch to a fact finding exercise to decide whether the child did the act or made the omission. This option may be appropriate where there is a possibility that a court will make a hospital order or guardianship order for those aged 16 and Proceedings should be stayed as an abuse of process before the fact finding exercise only if there would be no useful purpose served by making a finding on the facts.
The fact that the youth does not or cannot take any part in the proceedings does not render them unfair or in any way improper. The Article 6 ECHR right to a fair trial is not engaged by this process as it is part of the protective jurisdiction contemplated by the Mental Health Act If the court finds that the youth did not do the act or make the omission alleged, the proceedings are terminated by way of an acquittal.
If the court finds that the youth did the acts alleged, it should consider whether to seek further medical evidence with a view to making a hospital order under section 37 3 Mental Health Act The court may also make a guardianship order if the youth is aged 16 or If a disposal under the Mental Health Act is inappropriate, it may be appropriate to alert the local authority to the position, with a view to consideration of care proceedings. Archbold b. The overriding principle is set out at paragraph III. The purpose of criminal proceedings is to determine guilt, if that is in issue, and decide on the appropriate sentence if the defendant pleads guilty or is convicted.
All possible steps should be taken to assist a vulnerable defendant to understand and participate in those proceedings. The ordinary trial process should, so far as necessary, be adapted to meet those ends. Regard should be had to the welfare of a young defendant as required by section 44 of the Children and Young Persons Act , and generally to paragraphs 1 and 3 of the Criminal Procedure Rules the overriding objective and the courts powers of case management.
The court has an inherent power to appoint an intermediary to assist a youth defendant to prepare for the trial in advance of the hearing and during the trial so that he can participate effectively in the trial process. This appointment is not made pursuant to a special measures direction under the Youth Justice and Criminal Evidence Act , but is part of the courts duty to take such steps as are necessary to ensure that a youth has a fair trial, not just during the proceedings, but beforehand as he and his lawyers prepare for trial: C v Sevenoaks Youth Court  EWHC Admin.
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A youth offender may give evidence in criminal proceedings in the magistrates' court and the Crown Court using a live link if:. A live link is defined in sec 33B Youth Justice and Criminal Evidence Act as an arrangement by which the accused, while absent from the place where the proceedings are being held, is able to see and hear a person there, and to be seen and heard by the judge, justices, jury, co accused, legal representatives and interpreters or any other person appointed by the court to assist the accused. The defence must apply for a live link direction, which prevents the defendant from giving oral evidence in the proceedings in any manner other than through a live link s33A 6.
The court may discharge a live link direction at any time if it appears in the interests of justice to do so of its own motion or on application by any party s33A 7. The court must give reasons in open court for giving or discharging a live link direction or for refusing an application for or the discharge of a live link direction. Those reasons must be recorded on the register of proceedings where the decision was made in the magistrates' court s33A 8.
A youth convicted in the youth court or magistrates' court of a "specified offence" as defined in section Criminal Justice Act may be committed to Crown Court for sentence if the magistrates decide that the criteria for the imposition of a sentence of detention for life s or an extended sentence sB appear to be met. The question of venue for youths who are charged with grave crimes, specified offences or jointly charged with an adult should be considered at an early stage.
Venue should be considered by a Youth Offender Specialist YOS on initial review of the file and kept under review until the issue is decided by the court. The decision of the YOS on venue together with reasons must be recorded on the file. There will be few cases in which it will be appropriate to exercise the power to send a youth for trial under section 51A 3 d Crime and Disorder Act It should only be exercised where:.
Prosecutors should usually recommend summary trial on the basis that the youth court is the appropriate tribunal for youth trials. Summary trial will usually reduce delay and will allow more youth co-defendants to be tried together. Trial on indictment is unnecessary as the youth can be committed for sentence under section 3C Powers of Criminal Courts Act if , having heard all the facts about the offence and the offender, the court decides that a sentence under the dangerousness provisions may be necessary.
In exceptional cases where there is sufficient information for the court to determine dangerousness and it is in the interests of justice for the youth to be tried on indictment, prosecutors should represent that the youth should be sent for trial under section 51A 3 d Crime and Disorder Act The decision to represent trial on indictment should be taken by a youth specialist and full reasons should be recorded on the file. Where the youth is sent for trial under section 51A 3 d , he may, on the same occasion, also be sent for trial for any indictable offence that is related to that offence and for any summary offence i.
Where the youth court appears on a subsequent occasion, he may be sent for trial for any indictable or summary offence as defined above that is related to the offence for which he was sent for trial under section 51A 3 d Crime and Disorder Act There is no power to commit summary offences that are related to the subsequent indictable offence section 51A 5 Crime and Disorder Act where the youth appears on a subsequent occasion.
If the court decides that the criteria for sending the youth under section 51A 3 d Crime and Disorder Act are not met and the offence is also a grave crime, the prosecution and the defence will be invited to address the court on the appropriate venue for trial. Prosecutors should make representations in accordance with the principles set out below in the Grave Crimes section.
When a youth is to be sentenced for a specified offence and the criteria for imposing an extended sentence section B Criminal Justice Act or a life sentence section Criminal Justice Act appear to be met, the prosecutor should assist the court by drawing to its attention:. When the sentencing hearing takes place in the youth court, the prosecutor should remind the court of its power to commit for sentence under section 3C Powers of Criminal Courts Sentencing Act If a youth is convicted on indictment of a grave crime, the Crown Court may pass a sentence of detention under section 91 3 Powers of Criminal Courts Sentencing Act for a period that does not exceed the maximum period of imprisonment that can be imposed on a person aged 21 or over.
The Crown Court may only impose a sentence of detention under section 91 Powers of Criminal Courts Sentencing Act if none of the other available sentences are suitable section 91 3 Powers of Criminal Courts Sentencing Act In all cases involving a grave crime, the magistrates should be invited to consider the question of venue. Schedule 3 Criminal Justice Act introduces a modified plea before venue procedure and committal for sentence provisions.
A youth will be asked to indicate a plea section 24A 6 Magistrates' Courts Act , and may be committed for sentence following an indicated guilty plea, if the youth court considers that there is a real prospect of a custodial sentence of or in excess of 2 years section 3B Powers of Criminal Courts Sentencing Act If the youth indicates a not guilty plea or gives no indication of plea, then the court will consider venue. Section 3B Powers of Criminal Courts Sentencing Act does not apply where the youth is convicted after trial, so it is essential that proper consideration is given to venue before a plea is taken to ensure that the convicting court has the power to pass a sentence that is commensurate with the seriousness of the offence.
On the same occasion that a youth is sent for trial for a grave crime, he or she may also be sent for trial for any indictable offence that is related to the grave crime and for any summary offence that is punishable with imprisonment or carries mandatory or discretionary disqualification from driving that is related to the grave crime or to the indictable offence that is related to the grave crime section 51A 4 Crime and Disorder Act Where the youth appears on a subsequent occasion, he may be sent for trial for any indictable or summary offence punishable with imprisonment or mandatory or discretionary disqualification from driving that is related to the grave crime.
There is no power to send summary offences that are not related to the grave crime section 51A 5 Crime and Disorder Act The reviewing lawyer should bear in mind the principles set out by Leveson J. The general policy of the legislature is that those who are under 18 years of age and in particular children of under 15 years of age should, wherever possible, be tried in the youth court. It is the court which is best designed to meet their specific needs.
A trial in the Crown Court with the inevitably greater formality and greatly increased number of people involved including a jury and the public should be reserved for the most serious cases. It is a further policy of the legislature that, generally speaking, first time offenders aged 12 to 14 and all offenders under 12 should not be detained in custody and decisions as to jurisdiction should have regard to the fact that the exceptional power to detain for grave offences should not be used to water down the general principle.
Those under 15 will rarely attract a period of detention and, even more rarely, those who are under In each case the court should ask itself whether there is a real prospect , having regard to his or her age, that this defendant whose case they are considering might require a sentence of, or in excess of, two years or, alternatively, whether although the sentence might be less than two years, there is some unusual feature of the case which justifies declining jurisdiction, bearing in mind that the absence of a power to impose a detention and training order because the defendant is under 15 is not an unusual feature.
Prosecutors should make a full file note of the representations made by the prosecution and by the defence, including any Sentencing Guidelines and caselaw referred to. The decision of the court together with reasons should also be endorsed on the file. In rare cases, where the court's decision to accept jurisdiction appears to be so unreasonable, prosecutors should immediately ask the court not to take a plea and seek an adjournment to consider whether to seek judicial review of that decision.
The expedited procedure should always be used to avoid delay in youth cases. Where the court accepts jurisdiction, prosecutors should assist the court at the sentencing hearing by reminding the court of its power under section 3C Powers of Criminal Courts Sentencing Act to commit for sentence where the youth is dangerous and the conditions for a sentence under sections life or B8 extended sentence Criminal Justice Act appear to be satisfied.
The power is available even if the youth is convicted after trial, unlike the power in section 3B Powers of criminal Courts Sentencing Act Where a youth offender is jointly charged with an adult, the charge shall be heard in the adult magistrates court: Section 46 1 CYPA In every either-way or indictable only case, the court must only send the youth offender to the Crown Court for trial with an adult where it is necessary in the interests of justice to do so.
If the offence that is jointly charged is a grave crime, the court should first conduct the grave crime procedure see Graves Crime section in this guidance and should send the youth to the Crown Court if there is real prospect of a custodial sentence of two years or more.
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The magistrates' court has jurisdiction to determine venue for grave crimes and the youth should not be remitted to the Youth Court for trial under section 29 Magistrates' courts Act for this purpose. The youth will be invited to indicate a plea before the court decides whether a joint trial is necessary "in the inter2sts of justice" where the youth is:.
Where the youth does not indicate a guilty plea, the court shall send the youth for trial if it is "in the interest of justice" to do so. The sending may be on the same or subsequent occasion that the adult is sent section 51 7 Crime and Disorder Act The court may also send any related indictable or summary offences but only where the youth is sent for trial on the same occasion as the adult. It will not always be appropriate for related offences to be sent, for example where there are youth co-defendants and a single trial in the youth court is desirable.
In considering whether or not a youth offender should be sent for trial to the Crown Court with an adult co-accused, prosecutors should assist the court to exercise its discretion to commit the youth by asking representations. A joint trial will usually be in the interests of justice as it reduces the risk of inconsistent verdicts and is less stressful and inconvenient for the witnesses.
Although youths should be tried in a specialist youth court wherever possible, they can have a fair trial in the Crown Court, which can modify its practice and procedure to enable youth to participate effectively in their trial. Other relevant factors may include:. A youth who has been sent for trial with an adult where the first hearing was on or after the date that Schedule 3 Criminal Justice Act came into force because it is in the interests of justice to do so, may be remitted back to the youth court for trial if the indictment no longer includes the "main offence", and the youth has not been arraigned.
The definition of the "main offence" includes the offence for which the youth and the adult were sent where the conditions for that sending are no longer satisfied. This includes cases in which the adult will not be tried for that offence because he has pleaded guilty or the case against him will not proceed. As the adult will not be tried at all, it cannot be said that a single trial in the Crown Court is still in the interests of justice. Unless the offence is a "grave crime" or the youth appears to be "dangerous", the youth should be remitted to the youth court for trial Schedule 3, paragraph 13 Crime and Disorder Act , as amended.
Where any offence on the indictment is a grave crime the Crown Court should determine venue see grave crimes in the preceding section. The youth should be tried in the Crown Court only if there is a real prospect of a custodial sentence of two years. If there is no real prospect of such a sentence the youth should be remitted for trial in the youth court. There is no reason why youths charged with grave crimes should not, where appropriate, be tried in the Crown Court.
In R v United Kingdom and T v United Kingdom  the European Court was asked to consider, inter alia, whether the killers of James Bulger had received a fair trial in the Crown Court in contravention of Article 6, and whether the trial itself amounted to inhuman and degrading treatment in contravention of Article 3. The Court held that the particular features of the Crown Court trial process did not cause suffering going beyond that inevitably engendered by any attempt to deal with the defendants for the offence in question and therefore Article 3 was not contravened. However, the Court held that the defendants had not received a fair trial in contravention of Article 6 because of the intense media and public interest prior to the trial, the obviously media and public presence in court during the trial and because insufficient adjustments had been made to the Crown Court trial procedure to enable the defendants to participate fully in the trial bearing in mind their ages, level of maturity and intellectual and emotional capacity.
The Court did not rule that youth trials in the Crown Court are unfair per se. This takes account of the particular concern expressed by the European Court. Prosecutors should be familiar with the provisions of the Practice Direction and should ensure that a copy is annexed to the brief to counsel instructed to conduct a trial of a youth in the Crown Court.
Where a youth is to be tried in the Crown Court, whether alone or jointly with other youths or adults, it is essential that a full record is made on the file, and that note copied in the brief to Counsel showing the detailed consideration that has been given to the question of venue.
The file endorsement and brief should also include the details of the representations made to the youth court and case law relevant to sentencing. This Guideline does not supersede the Sentencing Guidelines Council Definitive Guidelines on Sexual Offences Act and Robbery, which both set out principles to be applied for young offenders. The approach to sentence will be individualistic , Proper regard should be had to the mental health and capability of the young person, and to any learning disability, learning difficulty, speech and language difficulty or other disorder, which is likely to affect the likelihood of these purposes being achieved.
The Criminal Justice and Immigration Act simplifies the range of youth sentences. The principal sentences for offences committed on or after 30th November are:. A referral order can only be made in the youth court or adult magistrates' court, not the Crown Court: section 16 1 Powers of Criminal Courts Sentencing Act A referral order requires a youth to enter into a contract with a youth offender panel. The order will last for a period of between 3 and 12 months, which will be determined by the court. It may be revoked or extended by a maximum of 3 months, to a maximum of 12 months on the application of the youth offending team if it is in the interests of justice to do so.
Where the custody threshold has been reached, the court should adjourn for a Pre-Sentence Report to enable the youth offending team to put forward a robust and credible referral order intensive contract for the consideration of the court. A referral order is available at the discretion of the youth court if the mandatory referral conditions are not satisfied AND.
If a youth is sentenced for an offence that was committed before the referral order was made, the court may extend the order, to a maximum of 12 months Schedule 1 paragraph 11 Powers of Criminal Courts Sentencing Act or may make an absolute discharge. If a youth is sentenced for an offence that was committed after the referral order was made, the court may extend the order, to a maximum of 12 months or, if the court is satisfied, on the basis of a report from the youth offending team, that there are "exceptional circumstances" that indicate that the extension of the order is likely to prevent re offending.
If the new offence is not dealt with by extending the referral order or by way of absolute discharge in the case of an offence that pre dates the referral order , the referral order is automatically revoked and the court may resentence for the original offence or take no action. The YRO is a community sentence which may include one or more of the following requirements, which must be completed within a period of 3 years:. Since they do not require such an admission, penalty notices for disorder are unlikely to be sufficiently reliable;.
NB: A court is not obliged to impose a Detention and Training Order or a Youth Rehabilitation Order with Intensive Supervision and Surveillance or Fostering that becomes available solely on the finding that the youth is a "persistent offender". In addition to the conditions in section 1 4 a to c Criminal Justice and Immigration Act above , the following applies:.
If the YRO includes an activity requirement, may specify in relation to that requirement a number of days between 90 and 80, which will be known as an "extended activity requirement". The court may only make a YRO with Fostering Requirement if, in addition to the to the conditions in section 1 4 a to c Criminal Justice and Immigration Act above , the following conditions are also satisfied:. Before making a fostering requirement, the court must consult the offenders parents or guardians unless it is impracticable to do so and, the local authority which is to place the offender with a local authority foster parent.
A PSR will be required before the court makes a YRO, which will seek to balance the seriousness of the offence, the risk of the youth causing serious harm in future and the needs of the young person. The PSR will identify a level of intervention for the court to consider. There are 3 intervention levels:. Standard Level : for youths assessed as posing a low risk of reoffending and a low risk of serious harm. The YRO will primarily seek to repair the harm caused by the offence.
Enhanced Level : for youths assessed as posing a medium likelihood of reoffending or a medium risk of serious harm. The YRO will seek to repair harm done and seek to enable the youth to obtain help and motivate the youth to change his or her behaviour. Intensive level : for youths assessed as posing a high likelihood of reoffending or a high or very high risk of serious harm. The YRO will seek to ensure control of the youth as necessary to minimise the risk of further offending or serious harm. SGC Guideline paragraph Para 18 Schedule 2 Part 5 Criminal Justice and Immigration Act states that where a YRO is in force and the youth is convicted of a further offence, the convicting court i.
If a youth is convicted of a new offence while subject to a YRO, that YRO must be revoked if the court wishes to make:. The court cannot make a YRO when a reparation order is in force, unless it revokes the reparation order para 30 4 Schedule 1 Part 3 of Criminal Justice and Immigration Act If the YRO is not revoked by the convicting court, it appears that there is an implicit power to impose a discharge, compensation order, fine or Detention and Training Order DTO in respect of the new offence.
If the YRO is revoked by the convicting court, it may deal with the offender in any way that it could had the defendant been convicted in that court of the original offence. A Detention and Training Order DTO may be made in respect of a youth aged 15 or over at the date of conviction, or in respect of a youth aged 12 to 14 at the date of conviction if he or she is a "persistent offender". See persistent offender above in this guidance.
A DTO can only be made if the court is satisfied that the offence, or the combination of the offence and one of more offences associated with it, is so serious that neither a fine alone nor a community sentence can be justified for the offence sec Criminal Justice Act and section Powers of Criminal Courts Sentencing Act When a court makes a DTO it must state its reasons for being satisfied that the offence is so serious that no other sentence is appropriate and, in particular why a YRO with ISS or fostering see above cannot be justified section 4B as inserted by Schedule 4 Para 80 3 Criminal Justice and Immigration Act The term of a DTO must be of 4, 6, 8, 10, 12, 18 or 24 months, provided that the term does not exceed the maximum term of imprisonment that a Crown Court could impose for the offence.
S The adult rules for deducting time spent on remand do not apply to calculating the length of a DTO, so the court should take this into account when determining the length of the DTO: R v Ganley  1 Cr. The period spent on remand means a remand in a remand centre, secure accommodation and possibly a police station although any period spent in a police station is likely to be de minimis and will probably be discounted.
A bare remand to local authority accommodation, which is not approved secure, does not qualify as a period spent on remand. If a youth commits an imprisonable offence after his release from the "detention" element of the DTO but before the order expires, the court can order him to be detained for a period that does not exceed the period from the date the imprisonable offence was committed to the date that the DTO expires.
This period can be served either before or concurrent to any sentence passed for the imprisonable offence. NB There is no requirement that the youth is convicted of the imprisonable offence before the DTO expires. If a youth is sentenced to a sentence of detention under section 91 Powers of Criminal Courts Sentencing Act for grave crimes or under section Criminal Justice Act extended sentences for specified offences while he is already subject to a DTO, the sentence of detention for the new offence takes effect from the date of release from the "detention and training" element of the order served in detention,.
If a youth is sentenced to a DTO while he is already subject to a sentence of detention under, the DTO takes effect on the day of his release on licence, or, immediately if he is already on licence. Where anyone is brought before any court and it appears that they are a child or young person, the court shall make due enquiry as to their age, and the age presumed or declared by the court is deemed to be their true age: section 99 Children and Young Persons Act and section Magistrates' Courts Act The statutory provisions for sentencing also refer to the age of the defendant on conviction.
Such age will be deemed to be that which it appears to the court to be after considering any available evidence: section 1 Powers of the Criminal Courts Act The sentence or order will not be invalid if it is subsequently established that the defendant is in fact a different age that makes him or her ineligible for such a sentence: R v Brown  CLR The Court should consider any evidence of age that is available at the hearing of the case. Where there is a dispute as to age which is material, it is better for the court to adjourn for more detailed inquiries if there is any doubt about the matter: R v Steed Where the defendant appears to have entered the UK without satisfactory evidence of identity and age, additional evidence should be available from UKBA or the local authority.
R on the application of R v London Borough of Merton  EWHC Admin gives guidance to local authorities on the conduct of an assessment of age of a person claiming to be under 18, which includes guidance on assessing appearance and demeanour, credibility, social history and family composition, education, developmental considerations, ethnic and cultural background.
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Asylum, age disputes and the process of age assessment , and chapter 3 of Working with Refugee Children: Current Issues in Best Practice. No new charges can be laid in the youth court after the defendant attains the age of 18, including alternative charges and charges based on the facts and charges already before the court: R v Chelsea Justices ex parte DPP  3 All ER Case law indicates that the key factor in determining whether the court should retain or remit the case is whether jurisdiction has been accepted before the defendant attains the age of Where the court has accepted jurisdiction for a grave crime before the defendant attains 18, the court may proceed to trial and sentence, including a Detention and Training Order, even though the defendant is 18 at the time of trial or sentence: R v Aldis v DPP  EWHC Admin Where the defendant attains 18 before consideration of venue, the court should treat the defendant as an adult and remit him to the adult magistrates court under section 47 Crime and Disorder Act so that he can be sent to Crown Court for trial for indictable only matters: R v Nottingham Justices ex parte Taylor 4 All ER or exercise the right to elect Crown Court trial for either way matters.
The defendant cannot elect trial on indictment if he attains 18 after entering a plea to an indictable only R v St. A defendant who is 18 at the date of conviction should be sentenced in accordance with the purposes of sentencing set out in section Criminal Justice Act , including the reduction of crime by deterrence. The relevant date for determining eligibility for sentences is generally the date of the finding of guilt: R v Danga 13 Cr.
However, where a defendant crosses a relevant age threshold between the date of the offence and the date of conviction, the starting point is the likely sentence that would have been passed had the youth been sentenced on the day that the offence was committed. This may result in a maximum sentence for an offence that is not a "grave crime" of 2 years custody equivalent to the maximum period of 24 months for a Detention and Training Order : R v Ghafoor, or a non custodial sentence if the youth is ineligible for a Detention and Training Order: R v LM  EWCA Crim The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
This guidance assists our prosecutors when they are making decisions about cases.
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It is regularly updated to reflect changes in law and practice. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Principle The CPS is committed to ensuring that the special considerations which apply to cases involving a young offender are enshrined in its working practices and form part of the training of its prosecutors.
The key considerations governing the decisions made by Crown Prosecutors in dealing with youths are those contained in: Section 44 of the Children And Young Persons Act Archbold , which requires the courts to have regard to the welfare of a young person; Section 37 of the Crime And Disorder Act Archbold , which requires the principal aim of agencies involved in the youth justice system to be the prevention of offending by young persons; and The Code for Crown Prosecutors, which states that Crown Prosecutors must consider the interests of a youth, amongst other public interest factors, when deciding whether a prosecution is needed.
For example: Contributing to a reduction of delay in the youth justice system; Monitoring of the expedited file system, i.
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The YOS will carry out the following functions: Undertaking the review of files involving youth offenders and taking all major decisions in relation to those files; Making regular appearances in the Youth Court; and Together with the Area Youth Justice Co-ordinator, taking part in the formulation and implementation of the training of other lawyers.
Handling of Youth Files All cases involving youth offenders must be dealt with expeditiously and avoid delay, which has at its core the principle that there is little point in conducting a trial for a young offender long after the alleged commission of an offence when the offender will have difficulty in relating the sentence to the offence. Principles Guiding the Decision to Prosecute Prosecutors who are not Youth Offender Specialists must refer the decision to prosecute or divert in any case to a Youth Offender Specialist.
This paragraph provides that: "A prosecution is less likely to be required if The youth offending team: may assess a youth who has never had a youth caution or a youth conditional caution and may arrange a rehabilitation programme for the youth section 66ZB 3 Crime and Disorder Act ; must assess a youth who has had a youth caution or a youth conditional caution and must , unless they think it inappropriate to do so, arrange a rehabilitation programme for the youth section 66ZB 2 Crime and Disorder Act Bindovers should be rare and the reasons for their use should be fully endorsed.
Youth Conditional Cautions YCC Section 48 and Schedule 9 Criminal Justice and Immigration Act amend section 65 Crime and Disorder Act and insert sections 66A to H Crime and Disorder Act with the effect that a youth conditional caution can be given to a youth provided that the following conditions are satisfied: The authorised person has evidence that the youth has committed an offence; The prosecutor is satisfied that there is sufficient evidence to charge the youth with the offence and that a youth conditional caution should be given in respect of the offence; The youth admits the offence to an authorised person; The authorised person has explained the effect of the YCC to the youth and has warned him or her that failure to comply with any of the conditions may result in a prosecution.
If the youth is 16 or under this must be done in the presence of an appropriate adult; The youth signs a document that contains details of the offence, an admission that he committed the offence, consent to the YCC and the conditions attached to the caution. Public Interest and Sensitive Issues General Issues Guidance is given below on specific areas of work commonly raising sensitive or difficult issues. Prevalence of the Offence If the local police force proposes from time to time to devote substantial resources to the investigation of a particularly prevalent offence, the police should be encouraged to discuss this in advance with the CPS.
Welfare Powers Proceedings should not be taken against a youth offender solely to secure access to the welfare powers of the court. Hostility and Hate Crime A relatively minor incident may be more serious if there is evidence of racial or religious hostility particularly in the context of a number of incidents of violence or intimidation towards black and minority ethnic communities. Offending Behaviour in Children's homes The decision to prosecute looked after children for low level offences committed within a children's home is a major decision and should be taken by a youth specialist, who, wherever possible, will be a volunteer who has attended the CPS Youth Offender Specialist Course and is a Senior Crown Prosecutor.
Their offending behaviour may be caused by or otherwise linked with the disorder Their behaviour is likely to be more challenging and demanding because of their family experience, the breakdown of foster placements and frequent moves from other children's homes Living in a group with other challenging and demanding children of the same age gives rise to greater potential for conflict , bullying and peer group pressure The police are more likely to be called to a children's home than a domestic setting to deal with an incident of offending behaviour by an adolescent.
Behaviour Management policies All children's homes, whether they are run privately or by the local authority or voluntary sector must comply with the Children's Home Regulations , which are mandatory, and the National Minimum Standards, which are issued by the Secretary of State under section 23 Care Standards Act The Decision to Prosecute Prosecutors are reminded of the need to consider all the circumstances surrounding the offence and the circumstances of the youth before reaching a decision and to apply all relevant CPS policies and documents.
Aggravating features include: The offence is violent or induces the genuine fear of violence in the victim The offence is sexual The offence is motivated by hostility based on the gender, sexuality, disability, race, religion or ethnicity of the victim The victim is vulnerable The damage or harm caused is deliberate and cannot be described as minor The offence forms part of a series of offences Informal measures have been ineffective in preventing offending behaviour Mitigating features include: The damage or harm caused is at the lower end of the scale and has been put right Appropriate action has already been taken under the disciplinary procedure or other informal disposal Genuine remorse and apology to the victim The behaviour is a symptom of a disorder or illness that cannot be controlled by medication or diet.
Refer also to Mentally Disordered Offenders Care should be taken where it appears that the youth has deliberately refused medication or deliberately consumed a substance knowing that his or her behaviour will be affected. A custodial institution refers to a a prison; b a young offender institution, secure training centre, secure college, young offenders institution, young offenders centre, juvenile justice centre or remand centre; c a removal centre, a short-term holding facility or pre-departure accommodation; d service custody premises.
County Lines 'County Lines' is a national issue which involves the exploitation of vulnerable young people and adults by violent gang members in order to move and sell drugs across the country. Public Order Offences The general principles of the Code and the reprimand and final warning system should be applied.
These include: where the incident in question is not isolated but is either prevalent within an area or is part of a wider incident or series of incidents; where the aggression displayed by members of the group, whether verbal or physical, is directed outside the group at members of the public such as shopkeepers , and especially so if their attentions are directed at ethnic minorities, the elderly, or other vulnerable people Occasionally the police locally may target a particular type of conduct for special attention in an attempt to discourage it.
School Bullying Prosecution may not be necessary because of other available alternatives, but there will be cases in which a prosecution is needed in the public interest. In all cases relevant considerations will include: any background to the incident in question including any history of bullying of the same victim by the offender or generally; the attitude and behaviour of the offender and the offenders parent s or guardian s ; the effect of the behaviour on the victim; any internal remedies already taken by the school whether in connection with the incident or in the past, such as, where the victim and offender no longer attend the same school.
Sexual Offences and Child Abuse by Young Offenders This guidance expands on, and should be read in conjunction with other specific sections elsewhere in Legal Guidance, such as Rape and Sexual Offences. Rape and other offences against children under 13 sections 5 to 8 Sexual Offences Act CCPs or DCCPs must be notified of any such case where there are both defendants and victims under the age of When reviewing a case, in which a youth under 18 is alleged to have committed an offence contrary to sections 5 to 8, prosecutors should obtain and consider: the views of local authority Children's and Young People's Service; any risk assessment or report conducted by the local authority or youth offending service in respect of sexually harmful behaviour such as AIM Assessment, Intervention and Moving On ; background information and history of the parties; the views of the families of all parties.
Careful regard should be paid to the following factors: the relative ages of both parties; the existence of and nature of any relationship; the sexual and emotional maturity of both parties and any emotional or physical effects as a result of the conduct; whether the child under 13 in fact freely consented even though in law this is not a defence or a genuine mistake as to her age was in fact made; whether any element of seduction, breach of any duty of responsibility to the girl or other exploitation is disclosed by the evidence; the impact of a prosecution on each child involved.
Refer to Sexual Offences guidance Child sex offences committed by children or young persons Section 13 of the Act makes it an offence for a youth under 18 to have sexual activity with a child under 16, cause or incite a child under 16 to engage in sexual activity, engage in sexual activity in the presence of a child under or cause a child under 16 to watch a sexual act.
The relevant considerations include: the respective ages of the parties; the existence and nature of any relationship their level of maturity; whether any duty of care existed; whether there was a serious element of exploitation. Refer also to Sexual Offences. Prostitution Youth offender prostitution, whether involving young girls or boys, can be one of the most difficult types of cases to deal with.
Familial Sexual Offences Sections 25 and 26 Sexual Offences Act create the offences of sexual activity with a child family member and inciting a child family member to engage in sexual activity. Prosecution should be considered where there is evidence of: seduction; coercion; exploitation or violence; a significant disparity in age; In all cases the effect of prosecution on a victim and family should be taken into account and if the views of the welfare agencies are not included with the file they should be sought. Public Interest Considerations in relation to Mentally Disordered Offenders Mentally disordered offenders will often commit offences that are more of a public nuisance than a danger to the public.
In determining where the public interest lies the prosecutor should look particularly to: the seriousness of the offence; the circumstances of any previous offending; the nature of the youth offender's mental disability or disorder; the likelihood of repetition; and the availability of suitable alternatives to prosecution. The minimum requirements for a fair trial are that: The youth has to understand what he is said to have done wrong The court must be satisfied that the youth had the means of knowing that an act or omission was wrong at the time of the act or omission The youth had to understand what, if any, defences were available to him The youth must have a reasonable opportunity to make relevant representations if he wished to do so The youth must have the opportunity to consider what representations he wished to make once he had understood the issues involved.
The youth court should take appropriate steps to enable a youth with learning difficulties or mental impairment to participate in his trial including: Keeping the youths cognitive functioning in mind Using concise and simple language Having regular breaks Taking additional time to explain court proceedings Being proactive in ensuring the youth has access to support Explaining and ensuring the claimant understands the ingredients of the charge Explaining the possible outcomes and sentences Ensuring cross examination is carefully controlled so that questions are short and clear and frustration is minimised.
The Administrative Court answered the following questions posed by the District Judge: Question: Where it is established that a person would be unfit to plead due to their mental capacity in a court of higher authority is it an abuse of process to try them thereafter for subsequent criminal acts? Answer: The District Judge should not have stayed the proceedings at the outset as he did without considering the alternative of allowing the trial to proceed while keeping Ps situation under constant review Question: Where it is established that a defendant is unfit to plead, to what extent is it necessary for him to participate in any trial of the facts?
The court should take into account all relevant evidence, including: Medical evidence Evidence of what the youth is said to have done Evidence of the youths behaviour on arrest and in interview What the youth said in interview Direct exchange in court between the District Judge or Chair and the youth. Measures to enable youth offenders to participate in their trial The Practice Direction Criminal Proceedings: Consolidation , para. Archbold b The overriding principle is set out at paragraph III. Intermediaries for youth offenders The court has an inherent power to appoint an intermediary to assist a youth defendant to prepare for the trial in advance of the hearing and during the trial so that he can participate effectively in the trial process.
Live Links for youth offenders A youth offender may give evidence in criminal proceedings in the magistrates' court and the Crown Court using a live link if: His ability to participate effectively in the proceedings as a witness giving oral evidence is compromised by his level of intellectual ability or social functioning; AND His ability to participate effectively would be improved by giving evidence over a live link sec 33A 4 Youth Justice and Criminal Evidence Act as inserted by section 47 of the Police and Justice Act Venue: Policy Guidance on Venue Representations where youths are charged with offences capable of being tried on indictment.
All youths charged alone shall be tried summarily in the Youth Court, unless: The offence is homicide or section 51A Firearms Act applies i. The guidance given by the Court of Appeal Criminal Division in particular in paragraph 17 of the judgment in Lang and Others, particularly in iv in relation to non- serious specified offences i. Average intelligence is taken as A person with severe generalised intellectual disability mental will have a tested IQ under 35, and cannot live independently.
In varying degrees those with moderate IQ , mild IQ or borderline ID can live independently, but are particularly vulnerable if they enter the criminal justice system. It is still used in the UK, generally to indicate the most pervasive and extreme incapacity to understand or empathise with others, to show any emotional reciprocity and to develop or maintain relationships. Attentional deficit hyperactivity disorder [ADHD] is similarly apparent from a very early age, although may not be completely recognised until the individual starts school.
It is not uncommonly associated with other developmental disorders, but also occurs alone, when it is characterised by profound difficulties in concentrating in ordinary social situations or on tasks many can focus on computer based activities and very high levels of physical activity. As with all developmental disorders, it may persist into adult life. Substance misuse per se is widespread — although evidence on safe drinking limits is not finite. Secondary disease may affect any part of the body, although most commonly those areas that process the substances — like the gut or the liver — and the brain.
Conduct disorders , if unresolved, are the childhood precursors of personality disorders. Emphasis is on repeated patterns of extreme dissocial, aggressive or defiant behaviours, persistent through childhood, which cannot be completely explained by one of the other developmental disorders. Personality disorders. The personality is not considered to be fully formed until adulthood, so, by definition these are conditions which can affect only adults.
http://bbmpay.veritrans.co.id/conocer-gente-ripar.php For a diagnosis of personality disorder, there must be evidence of continuity with problems such as conduct disorder throughout childhood and adolescence. Similar conditions may arise in adulthood after, say, brain injury or disease, but this would be personality change. Specific personality disorder labels are generally descriptive, following from their most prominent characteristics.
Treatment needs mean that is probably most helpful to think of the personality disorder clusters rather than specific disorders — thus. Generally, these scales measure two things — the extent to which antisocial behaviours are widespread and have been repeated through the life course, and the extent to which the individual has capacity for empathy. Both these elements have, correctly, been used as indicators of risks or repetition of unwanted behaviours. It is obvious that established behaviour patterns are likely to continue unless deliberately disrupted; on the other hand, it is always easier to tell if progress has been made when a previously repeated behaviour ceases over a substantial period of time under a range of circumstances.
If empathy is severely impaired — for example the capacity to recognise distress in others and make appropriate use of that information — this may severely impair capacity to desist from harming others. Dementia follows from brain damage. Each aspect of behaviour may be affected. The most obvious is the cluster of cognitive problems, with forgetfulness, difficulties in following a train of thought and making judgements prominent.
There are commonly also directly related emotional problems, as the brain can no longer control emotions, and also secondary emotional problems when the sufferer retains insight and is aware of progressively losing his or her mental abilities. People with dementia may retain the capacity to give a long and fascinating account of their problems which has little basis in reality referred to as confabulation.
Simple tests of memory and other cognitive functions may be enough for basic diagnosis and to help the court, but it is generally best to map cognitive functions with detailed psychological testing, and there may be some very specific deficits which are relevant in court — for example difficulties in recognising people or experience of perceptual distortions.
Brain imaging techniques may have particular value in verifying the nature and extent of the brain damage underpinning the problems. The dementias are progressive. People may be helped to manage their difficulties, sometimes the progress may be slowed, and sometimes worsening of some aspects of the condition may render other aspects less problematic or risky, but these are not conditions from which people recover.
The most common dementias are a function of unhealthy aging. There has been an increase in offending among older people, so these are conditions increasingly likely to be seen in the courts. A few of the dementias usually those with early onset — have a clear genetic cause; there is evidence that there is a genetic contribution to most. The pattern of destruction of brain tissue is more-or-less specific to this dementia, and there is a genetic component to it. Where the genetic component is strong, onset may be at a younger age 50, occasionally younger but more typically onset is around The characteristics are more-or-less as described above.
Variations in presentation often indicate which parts of the brain are most affected at any particular time, but this is a generalised condition. One of the more difficult dementias to recognise in relation to offending is fronto-temporal dementia referring to the lobes of the brain most affected. Compared with other dementias, memory is spared for longer, but behavioural problems may be prominent. It should be considered if a well socialised person becomes aggressive or antisocial for the first time in later adulthood onset generally Dementias may also, however, follow from brain damage from external causes, for example a serious head injury, in relation to other disorders affecting the whole body, like diabetes, or from having taken noxious substances — especially excessive alcohol, but a range of other drugs too.
An injury caused to the brain since birth, the cause of which can vary from a fall, road accident, tumour or stroke. The effects may vary widely, but the more severe the brain injury, the more likely long term effects are likely to be. Some of the effects can be impaired reasoning, disinhibition, memory loss, irritability and changes in personality. A learning difficulty, such as dyslexia, is different to a learning disability as it is unrelated to intelligence. These terms are often used interchangeably to mean that the individual has more than one disorder although, strictly, comorbidity means that the conditions arose simultaneously.
This is a very common situation among people who have a disorder of mental health. It is generally very hard to disentangle which disorder came first or whether they arose simultaneously. It is always worth checking what they mean. In addition to having several mental disorders — for example schizophrenia, personality disorder, cannabis use disorder and reactive depression — an individual is likely to be multiply disadvantaged socially — for example homeless or disconnected from family — and some clinicians will include these social disadvantages in the sum of comorbidities.
They are certainly relevant to outcomes. It does not form part of the guideline. Where the court considers a report is necessary, it should make the request specific, so that the report writer is clear as to what is required, and when the report is required by. Examples of information that might be requested are:. Further information on requests for reports can be found within the Criminal Procedure Rules part When requested by clinicians wanting to undertake an inpatient assessment, for offences punishable with imprisonment, courts may wish to consider making an interim hospital order section 38 MHA.
Before making a section 38 order the court must be satisfied a bed is available, and that a section 38 order is necessary in the circumstances of the case. However, before conviction the court can request a report and a duly qualified medical practitioner who provides such a report can be paid out of central funds, under section 19 Prosecution of Offences Act  and regulation 25 1 Costs in Criminal Cases General Regulations That the mental condition of the offender is such as requires and may be susceptible to treatment but does not warrant detention under a hospital order.
The treatment required must be such one of the following kinds of treatment as may be specified in the relevant order—. That arrangements have been or can be made for the treatment to be specified in the order and that the offender has expressed a willingness to comply with the requirement. See also the Imposition of Community and Custodial Sentences definitive guideline :. Charged before that court with such an offence but who has not been convicted or whose case has not proceeded to trial, if the court is satisfied that the person did the act or made the omission charged.
On the written or oral evidence of two doctors, at least one of whom must be approved under section 12, that. Having regard to all the circumstances, including the nature of the offence and the character and antecedents of the offender, and to the other available methods of dealing with the offender, that a hospital order is the most suitable method of dealing with the case. A hospital order is an alternative to punishment.
The court may not, at the same time as making a hospital order in respect of an offender, pass a sentence of imprisonment, impose a fine or make a community order, a youth rehabilitation order, or a referral order. The court may make any other order which it has the power to make, eg a compensation order. A hospital order made under section 37 without a restriction order authorises the detention of the patient in hospital for medical treatment. A restriction order section 41 may be imposed by the Crown Court where a hospital order has been made and:.
At least one of the doctors whose evidence is taken into account by the Court before deciding to give the hospital order has given evidence orally. It necessary for the protection of the public from serious harm for the person to be subject to the special restrictions which flow from a restriction order.
While the restriction order remains in force, the hospital order also remains in force and does not have to be renewed. Aged 21 or over and convicted before that court of an offence punishable with imprisonment other than murder. On the written or oral evidence of two doctors, at least one of whom must be approved under section 12, and at least one of whom must have given evidence orally, that:.
Has first considered making a hospital order under section 37, but has decided instead to impose a sentence of imprisonment. A limitation direction is a direction that they be subject to the special restrictions in section 41 of the Act which also apply to people given restriction orders. A hospital direction may not be given without an accompanying limitation direction although, as described below, a hospital direction may remain in force after the limitation direction has expired.
Guardianship enables patients to receive care outside hospital where it cannot be provided without the use of compulsory powers. Guardians have three specific powers: residence, attendance and access. Journal of the History of the Behavioral Sciences, Vol. Skip to content. Do not retain this copy. Only the online version of a guideline is guaranteed to be up to date. Introduction to ancillary orders 2. Anti-social behaviour orders 3. Binding over orders 4. Confiscation orders 5. Criminal behaviour orders 6.
Deprivation of ownership of animal 7. Deprivation orders 8. Destruction orders and contingent destruction orders for dogs 9. Disqualification from driving — general power Disqualification from ownership of animals Disqualification of company directors Drinking banning orders Exclusion orders Football banning orders