A young person will usually be seen by the Youth Court
if they have committed a criminal offence and legal action is taken
against them.
Here is some guidance on court procedures and what a young
person can expect should they have to appear before a
court.
If they appear on a day when there is no youth court they will
be seen in an adult or magistrate's court.
It will then decide whether to send them back to the youth
court on another day or if the offence is serious enough on
to crown court.
The first thing a young person should do when notified of a court
appearance is to find themselves a solicitor.
Legal aid should be available but if this is unavailble they should
ask the court for the duty solicitor who will advise them.
On arrival in court, they should inform the court usher of their
arrival as failure to attend and lateness are taken very
seriously and usually result in an arrest warrant being
issued.
They should also be in the company of at least one of their parents
or another appropriate adult.
A member of our Youth Offending team will be present at
youth court to provide it with any relevant
information.
They will also ensure young people are aware of the requirements of
court orders and arrange for any court reports to be
written.
If a young person pleads guilty the court has various options open
to it depending on whether or their past record.
If it is the first time a young person has appeared in court
and they plead guilty the court has the following options open
to it:
- Absolute discharge
- Hospital Order
- Referral Order
- Custody
If it decides to give a Referrral Order the sentence will be given
that day.
However, if the offence is so serious that custody is deserved the
case will be put off for the preparation of reports and a
sentencing decision.
If a young person pleading guilty has previous convictions they are
not subject to the above rules and the court has the following
sentencing options:
- Conditional discharge
- A fine
- Attendance Centre Order
- Reparation Order
- Action Plan Order
Any other decisions will require the young person to attend
interviews so a pre-sentence report can be written.
If a young person pleads not guilty the case can be adjourned for a
pre-trial review which sets a trial date where witnesses
may be called to give evidence to the court.
In these cases, anyone giving evidence will be asked to promise to
tell the truth about issues relating to the case.
Both prosecution and defence will then be asked to put their case
before the court after which it will make a
decision.
If the young person is found guilty then the process described
above for people with previous convictions will be
followed.
If found not guilty the young person will be free to leave the
court.
