A Young Person’s Guide to the Youth Court
Youth Courts deal with nearly all cases where young people, between the ages of 10 and 17 inclusive, are said to have broken the law. Very serious cases are dealt with in the Crown Court.
There are two ways in which you may be brought before the Youth Court:
Summons: For certain types of offences you may receive a summons from the court. This will be posted to you or handed to you personally. The summons tells you what offences you have been charged with and give the day and time you have to be at court and the address of the court building.
Arrest: Most young people are brought to court after being arrested by the Police and taken into custody at a Police Station. After being interviewed and charged by the Police they will usually then release you on bail, sometimes with conditions, until the court hearing. Details of the court hearing will be on your bail notice. Information regarding the offences with which you have been charged will be shown on your charge sheet.
Attending Court
It is advisable to get to Court half an hour before the time you have been given and check with Reception which court you are in, and then report to the usher outside that court. When you arrive, tell the usher you are there. Usually they wear a black gown.
At least one of your parents (or guardians) must come to Court with you, if you are 17 years age this is not compulsory, but still advisable. If no one attends with you, the case may be put off (adjourned) to another day, and your parents (or guardians) may receive a summons to appear.
Seeing a Solicitor
Consider getting a solicitor to speak for you in court. You may qualify for free legal advice. It is advisable to speak to a solicitor a few days before you appear in court. This may help reduce the amount of time you spend at court.
Your parents or friends may suggest one or you can see the Duty Solicitor at Court. Don’t be shy about contacting a solicitor, it is their job to deal with such matters. Make sure that you show the solicitor any charge/summons papers.
In Court
Courts are very formal. If you want to make a good impression in court the following may be helpful:
- Try to dress neatly and tidily
- Don’t put your hands in your pockets, it is best to keep them by your side
- Don’t eat or chew gum in court.
If you want to say something to the Magistrates, but feel nervous about speaking in court, write down what you want to say and hand your note to the solicitor or the Court Clerk. When you are speaking to the Magistrates, address them as ‘Sir’ or ‘Madam’.
Do not be afraid to ask if you do not understand anything. It will be explained to you.
Admitting/Denying the Charge(s)
When you first go into Court, the Clerk will read out the offences with which you are charged. You will then be asked whether you wish to plead ‘guilty’ or ‘not guilty’.
You can then do one of three things
- You can ask for a delay (an adjournment) to give you time to talk to a solicitor about you case. If you are unsure about what to do or if you have not spoken to a solicitor, it is best to ask for an adjournment.
- You can deny the offence (plead ‘not guilty’). The case will then be adjourned to a later date for a ‘Pre trial review’ or a full trial when witnesses can be called.
- You can admit the offence (plead ‘guilty’). You should not do this unless you have first discussed this with your solicitor. If you plead guilty you may be dealt with there and then. Sometimes the case will be put off until a later date to allow the Court to find out more about you.
Pre-Sentence Report
These are prepared by a worker from the Youth Offending Service and will give the Magistrates relevant information about you. There may be a separate report from school (where applicable).
The Decision
If you are found guilty, or if you plead guilty, the Crown Prosecutor will tell the Magistrates about the offence(s) and whether you have any previous convictions, Police Reprimands or Final Warnings. If you disagree with anything they read out, you should tell your solicitor immediately.
You will also be given the opportunity to read any report and say if you agree with it or not,
When the evidence from both sides has been heard, the Magistrates will then retire (leave the courtroom) to reach a decision. They will take into account the seriousness of the offence, any previous record, your general behaviour and the likelihood of your offending again. When they return, you should stand up and remain standing whilst they give their decision.
Sentencing
- Conditional Discharge – nothing further will happen if you keep out of trouble for a specific period (usually one or two years). If further offences are committed within that period, then the court may deal with the new offences and the old offences together.
- Bind Over – when sentencing a young person the court may also Bind Over the parent(s) to exercise proper control over him or her. If you offend again during a specified period then your parent(s) MAY have to pay a fixed sum of money.
- Fine/Costs/Compensation – if you have no way of paying the fine, responsibility will be on the parent/guardian to pay.
- Referral Order
- Reparation Order
- Attendance Centre Order
- Action Plan Order
- Supervision Order
- Community Rehabilitation Order
- Community Punishment Order
- Community Punishment and Rehabilitation Order
- Parenting Order - which is applicable in most cases, but dependant on an assessment by the Youth Offending Service
- Curfew Order – this will require you to be at home during stipulated hours on stipulated days. It is likely any such order would be monitored electronically which is better known as a 'tag'.
If the Court decides that the offence(s) committed is ‘so serious’ that only a custodial sentence is appropriate, then it may send you to a Young Offender Institution (YOI).
If you are confused about what is happening then please do not hesitate to contact one of the court staff or Youth Offending Service staff who will be pleased to explain.
Committal to Crown Court
The Magistrates in the Youth Court may decide to commit the case to the Crown Court where the sentencing decisions are made by the Judge. They will do this for all very serious offences that might result in longer custodial sentences than those which the Magistrates can impose.
Appeals
If you are unhappy with the result of your court case, you should discuss an appeal immediately. Appeal papers have to be filed in court within 21 days of your conviction or sentence. If you appeal against a custodial sentence, you can apply to be bailed until the appeal hearing.
Appeal cases are heard at the Crown Court. The court can increase or decrease the original sentence.
