Law and Rights
In England and Wales, criminal trials of children (aged 10 to 13) and young offenders (14 to 17 inclusive) normally take place in a Youth Court. Such courts are a specialist subset of magistrates' courts and the judiciary will be either Justices of the Peace duly authorised under the Courts Act 2003 or a District Judge (Magistrates' Courts). Youth Courts are not open to the general public. Occasionally, either a child or young person will stand trial in the Crown Court with all the greater formality (judge and jury etc). The law relating to when a trial in the Crown Court is appropriate has been considered by way of judicial review on a number of occasions, notably in R ( H, A and O) v Southampton Youth Court [2004] EWHC 2912 (Admin) - (see, in particular, paras 33-35). Trial venue can be a difficult decision and the law is, to say the least, complex. The general aim of the system is to avoid Crown Court trial but, in some instances the law requires it in relation to very serious offending. The CPS website has a summary of the various provisions - see Youth Offenders.
Recently,
Mrs Justice Andrews gave judgment in BH (A Child) v Llandudno Youth Court. I encourage the reader to look at the whole of the judgment. BH, aged 11 at the time of the alleged offence, was charged with a single count under the Sexual Offences Act 2003 s8(1) and (3) - causing or inciting a boy under age 13 to engage in a sexual act of a non-penetrative nature, namely to suck on his penis. See para. 4 of the judgment for further details. The incident is certainly not pleasant in nature but did such alleged conduct require the full panoply of a Crown Court trial? A District Judge considered that the matter should be handled by the Crown Court. On a judicial review of that decision, Mrs Justice Andrews, having considered various authorities, held that the District Judge was plainly wrong.
Thanks to Crimeline for the link to the judgment in BH (A Child). Crimeline is an excellent service for any interested in criminal law and practice.
- 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 - ...
- 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...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 1 (background)
Previous posts in this series: No.1 - Legal Personnel No.2 - Courts of Law and Tribunals No.3 - The Judges No.4 - Juries No.5 - Magistrates No.6 ? Sources of Law For the purposes of youth justice, a "child" is under age 14. A "young person" is...
- 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 Justice - Venue for Trial
Recently,
Mrs Justice Andrews gave judgment in BH (A Child) v Llandudno Youth Court. I encourage the reader to look at the whole of the judgment. BH, aged 11 at the time of the alleged offence, was charged with a single count under the Sexual Offences Act 2003 s8(1) and (3) - causing or inciting a boy under age 13 to engage in a sexual act of a non-penetrative nature, namely to suck on his penis. See para. 4 of the judgment for further details. The incident is certainly not pleasant in nature but did such alleged conduct require the full panoply of a Crown Court trial? A District Judge considered that the matter should be handled by the Crown Court. On a judicial review of that decision, Mrs Justice Andrews, having considered various authorities, held that the District Judge was plainly wrong.
Thanks to Crimeline for the link to the judgment in BH (A Child). Crimeline is an excellent service for any interested in criminal law and practice.
- 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 - ...
- 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...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 1 (background)
Previous posts in this series: No.1 - Legal Personnel No.2 - Courts of Law and Tribunals No.3 - The Judges No.4 - Juries No.5 - Magistrates No.6 ? Sources of Law For the purposes of youth justice, a "child" is under age 14. A "young person" is...
- 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...