Law and Rights
Persons under age 18 are normally tried in the Youth Courts which are based in Magistrates' Courts throughout England and Wales. Magistrates have to be specifically authorised to sit in the youth court and the authorisation is achieved by undertaking additional specialist training. However, where the offence charged is "grave" then trial would be in the Crown Court.
Grave crimes are those offences carrying terms exceeding 14 years for adults or sexual assault or child sex offences. Before the case is committed to Crown Court there must be a real possibility that a custodial sentence in excess of 2 years would be imposed.
Historically, rape was never tried in youth courts but nowadays certain rape cases may be tried in the Youth Court. A protocol issued in November 2007 provided that such cases should be heard by a Circuit Judge authorised to try serious sexual offences. The judge would sit as a District Judge (Magistrates' Courts). However, the 2007 protocol did not extend beyond rape to other serious sewxual offences.
It now appears that a number of District Judges (Magistrates' Courts) have been trained to deal with these serious cases. Under a more recent protocol (replacing the one of 2007) such cases would be listed before an authorised DJ(MC) who would first decide whether the case came within the grave crime provisions. If the decision is to retain the case then it would be tried by the authorised DJ(MC) though the possibility remains of some cases being tried by any other DJ(MC) or a Youth Court Bench.
One wonders whether this "single judge" form of trial is entirely appropriate given the enormous seriousness of conviction for such offences. Would this be (yet another) example of where there might be a bench chaired by the authorised DJ(MC) but sitting with two experienced Youth Justices? As things stand, English criminal procedure seems to be moving inexorably to single judge trial.
Protocol
- Modernising The Rules On Unfitness To Plead
The Law Commission wishes to see new rules relating to Unfitness to Plead - a matter that became very topical when Lord Janner was prosecuted in 2015 for alleged sexual offences - (previous post). Janner died in late 2015. Law Commission - ...
- Magistrates Courts ~ Unacceptable Delays
Justice Minister Mr Damian Green is seeking to improve the performance of the Magistrates Courts - Ministry of Justice - Damian Green: unacceptable delays in Magistrates Courts. He is right to do so but, let's remember, there have been...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 2 (modern System)
Updated 30th August The key features of the youth justice system: For youth justice purposes, a child is aged 10 to 13 and a young person is aged 14 to 17. Persons under age 10 cannot, in law, be guilty of a criminal offence though local authorities...
- Magistrates' Courts
Magistrates' Courts deal with the bulk of criminal cases brought to court in England and Wales. The judiciary in a magistrates' court comprises the Justices of the Peace (JPs or, as they are often referred to these days, "lay magistrates")...
- Criminal Liability Of Children And Their Trials
Two boys (now aged 10 and 11) have been convicted of attempted rape - see The Independent 24th May 2010. The trial was held at the Old Bailey and has sparked outrage in some quarters (especially children's charities) - see the BBC report. The...
Law and Rights
Youth Court Trial
Grave crimes are those offences carrying terms exceeding 14 years for adults or sexual assault or child sex offences. Before the case is committed to Crown Court there must be a real possibility that a custodial sentence in excess of 2 years would be imposed.
Historically, rape was never tried in youth courts but nowadays certain rape cases may be tried in the Youth Court. A protocol issued in November 2007 provided that such cases should be heard by a Circuit Judge authorised to try serious sexual offences. The judge would sit as a District Judge (Magistrates' Courts). However, the 2007 protocol did not extend beyond rape to other serious sewxual offences.
It now appears that a number of District Judges (Magistrates' Courts) have been trained to deal with these serious cases. Under a more recent protocol (replacing the one of 2007) such cases would be listed before an authorised DJ(MC) who would first decide whether the case came within the grave crime provisions. If the decision is to retain the case then it would be tried by the authorised DJ(MC) though the possibility remains of some cases being tried by any other DJ(MC) or a Youth Court Bench.
One wonders whether this "single judge" form of trial is entirely appropriate given the enormous seriousness of conviction for such offences. Would this be (yet another) example of where there might be a bench chaired by the authorised DJ(MC) but sitting with two experienced Youth Justices? As things stand, English criminal procedure seems to be moving inexorably to single judge trial.
Protocol
- Modernising The Rules On Unfitness To Plead
The Law Commission wishes to see new rules relating to Unfitness to Plead - a matter that became very topical when Lord Janner was prosecuted in 2015 for alleged sexual offences - (previous post). Janner died in late 2015. Law Commission - ...
- Magistrates Courts ~ Unacceptable Delays
Justice Minister Mr Damian Green is seeking to improve the performance of the Magistrates Courts - Ministry of Justice - Damian Green: unacceptable delays in Magistrates Courts. He is right to do so but, let's remember, there have been...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 2 (modern System)
Updated 30th August The key features of the youth justice system: For youth justice purposes, a child is aged 10 to 13 and a young person is aged 14 to 17. Persons under age 10 cannot, in law, be guilty of a criminal offence though local authorities...
- Magistrates' Courts
Magistrates' Courts deal with the bulk of criminal cases brought to court in England and Wales. The judiciary in a magistrates' court comprises the Justices of the Peace (JPs or, as they are often referred to these days, "lay magistrates")...
- Criminal Liability Of Children And Their Trials
Two boys (now aged 10 and 11) have been convicted of attempted rape - see The Independent 24th May 2010. The trial was held at the Old Bailey and has sparked outrage in some quarters (especially children's charities) - see the BBC report. The...