YOUTH COURTS

March 28, 2019

A Practice Direction was issued amending Practice Direction (CA (Crim Div): Criminal Proceedings: General Matters) [2015] EWCA Crim 1567. New sections were inserted or amendments were made to paragraphs concerning the overriding objective, trials in absence, expert evidence, identification for the court of issues in the case, trial adjournment in magistrates’ courts, trial adjournment in the Crown Court, impact statements for businesses, investigation orders and warrants in the Crown Court, referral of cases in the Crown Court from the resident judges to the presiding judges, allocation of business within the Crown Court and listing of hearings other than trials.

ABSENCE ADJOURNMENT BUSINESSES CRIMINAL EVIDENCE CRIMINAL PROCEDURE CROWN COURT EXPERT EVIDENCE INVESTIGATION ORDERS MAGISTRATES’ COURTS OVERRIDING OBJECTIVE REFERENCES SEXUAL OFFENCES TRIALS VICTIM IMPACT WARRANTS YOUTH COURTS

May 20, 2015

A district judge had failed to appreciate when deciding to retain jurisdiction to prosecute a young offender in the youth court for child sex offences that an amendment to the Powers of Criminal Courts (Sentencing) Act 2000 s.3B introduced by the Criminal Justice and Courts Act 2015 s.53 was not in force when he made his decision.

ADMINISTRATION OF JUSTICE CHILD SEX OFFENCES COMMITTAL FOR TRIAL CRIME AND DISORDER ACT 1998 s.51A CRIMINAL JUSTICE AND COURTS ACT 2015 s.53 CRIMINAL LAW CRIMINAL PROCEDURE JURISDICTION MODE OF TRIAL POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(1) RAPE OF CHILD UNDER 13 RELIANCE ON AMENDMENT TO COMMITTAL FOR SENTENCE PROCEDURE NOT YET IN FORCE RETENTION OF JURISDICTION IN ERROR s.31 s.3B s.3B(1) s.3C s.51A(3) s.5A(1) s.6 s.91 s.91(3) YOUNG OFFENDERS YOUTH COURTS

February 28, 2014

A judge had been wrong to commit a child for trial in the Crown Court for a sexual offence because, taking into account the child’s previous good character and the fact that he was 11 years old at the time of the offence, there was no real prospect that the Crown Court would exercise its powers under the Powers of Criminal Courts (Sentencing) Act 2000 s.91 to impose a custodial sentence.

11=YEAR-OLD CHARGED WITH CAUSING OR INCITING CHILD UNDER 13 TO ENGAGE IN SEXUAL ACTIVITY CAUSING CHILDREN TO ENGAGE IN SEXUAL ACTIVITY CHILDREN COMMITTAL FOR TRIAL CRIMINAL PROCEDURE CROWN COURT CUSTODIAL SENTENCES JURISDICTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.91(3) s.5(1)(a) s.83 s.91 SENTENCING SEXUAL OFFENCES ACT 2003 s.8 YOUTH COURTS

March 27, 2013

It had not been reasonably open to a district judge to exercise his power of committal to the Crown Court for sentence under the Powers of Criminal Courts (Sentencing) Act 2000 s.3C in respect of an 11-year-old boy who had pleaded guilty to child sex offences. Having accepted jurisdiction prior to the guilty pleas, further information put before the court regarding the offender’s background and risk of reoffending was not sufficient to change the initial assessment of seriousness and risk.

CHILD SEX OFFENCES CHILD SEX OFFENCES COMMITTED BY 11-YEAR-OLD COMMITTAL FOR SENTENCE CRIMINAL JUSTICE ACT 2003 Pt 12 s.226(3) CRIMINAL PROCEDURE DANGEROUSNESS JURISDICTION JURISDICTION INITIALLY ACCEPTED BY YOUTH COURT LAWFULNESS OF SUBSEQUENT COMMITTAL TO CROWN COURT FOR SENTENCE UNDER S.3C POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 LEGITIMATE EXPECTATION MAGISTRATES’ COURTS ACT 1980 s.24(1) POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.3C s.228 s.228(2) s.228(2A) s.3C(2) s.7 s.91 SENTENCING SENTENCING POWERS SEXUAL OFFENCES ACT 2003 s.5 YOUNG OFFENDERS YOUTH COURTS

YOUTH COURTS

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