Hello on. Welcome to this bite size 20 minute Webinar on behalf of Gator Law Advocacy In the youth cold, my name is calling Obama a Z. You know, if you've seen it any of these in the past, These are very short webinars in which we deal with 12 specific points. So let's have a look at the points in relation to slide number one, grave crimes, the advocacy and the procedure. And I'm sure you know that in the youth called on occasion, they do dear with something called a grave crime. A grave crime in the main mean is any offense at which carries a term of imprisonment. In the case of an adult of 14 years or more, that's no he and tires toe way. And in order to get your full list of grave crimes, you need to look at Section 91 at the PCC s. A 2000 powers of criminal colts, I said just again. 2000 classic wave crime rate robbery, grievous bodily harm within taped. Well, what's the advocacy on? What's the procedure when it seems toe baby from you've caught you call, you might go toe you caught with illegal adviser says. The very first thing we're going to do with this rate charge is put the charge to the defendant and take a play guilty or not. If it's guilty, the Magistrates then have to determine whether or not their sentencing powers off sufficient. We know, don't we? Then, in a worst case scenario, they could impose a two year detention and training order. They might if they felt that it wanted Mawr commit to the crown call for scented swear, Of course, on a rape. The maximum centers would be like, in my experience, very rare for a child or young person to be committed to the ground. Cool for sentence. The plea might be one of not guilty, in which case the legal adviser will call for representation. Zaun venue. Where or this case to be tried prosecution may make representation, said it's not suitable. Events may make representations that it's not suitable when it seems to me that even though such representation is have bean made, the call may still determine that is suitable for trial in a call, and you may find that the district judge still retains jurisdiction. This seems to be in line with guidance published by the centers in council at whereby Children or young people should really be having their trials in the youth court. Let's keep these people away from the Crown Court wherever possible. Do please. If you haven't already done so, get onto the centers in council website and have a read of the document. It came into force on the first of June 2000 and 17. The sentencing off Children and young people, Overarching principles on offense. Specific guidelines in relation to robbery on sexual events is what was a read you might know toe. Another youth called Where the first thing the legal adviser calls for on this grave crime is representation zones on venue, as I say at different youth courts that seem to be adopting different procedures. And I didn't really mind which procedure they adopted would seem to me to be more logical to take a plea, because if the please guilty, the only thing you then have to decide is whether or not you're going to sentence all Kimmy a seconds. First time offenders. While I hope you know the first time offenders pleading guilty to imprison herbal events is unlikely to be the subject of a river if the Magistrates don't want to give a referral order. The other four disposals are no particularly attractive that they could, given an absolute discharge or a conditional discharge or custody. Oh ah hospital. Those four alternatives to the referral and order are deliberately unattractive. Toe Focus the minds of the magistrate on giving referral orders to first time offenders pleading guilty to incredible offenses before there will order. As you probably know, Lance, for not less than three months normal than 12 months, the general young person would be referred to a member off the youth, the vending service, and they would be asked to sign a contract and to do whatever is required off them during the currency of the order. And if they don't, they might. They might find themselves back in youth cool in breach of the order. Now the circumstances in which, with thermal orders, are discretionary while they discretionary for first time offenders pleading guilty to known in prison for the offenses. They're also discretionary. If it's his second defence, to which he feeding junkie or his third event, so his fall events, anything other than a first time offender, and the referral in order becomes a discretionary disposal. Assuming, of course, that guilty play rather than a mandatory disposing persistent offenders do appreciate. Please use that with a person 14 or below. There can be no detention and training order unless he or she is deemed persisted. I say 14 or below he would be 40 30 or 12. There can be no detention and training order for 10 11 year olds. So what do we mean by persistent for someone who's 14 or below? Well, we're back to the guidance published by the centers in camp. So the sentencing off Children on young people overarching principles it was published on is effective from the first of June 2000 and 17. Please go on to the website and download the document they define as a working definition. A person is being persistent if if they have three or more war disposals made against them in the previous 12 months for similar in prison herbal offenses. In other words, he's before the court now, and he's already got three previous convictions within the previous 12 man's form imprison herbal offenses of a comparable nature. But they don't have to be convictions. Those three previous dealings with the authorities may have resulted in cautions may have resulted in conditional cautions. May have resulted in who were started. Justice disposals. So there you are. It's the fourth time or beyond that he or she has been in trouble in the last 12 months. It's also necessary for him to be persistent or her to be persistent if they are to be made subject of the youth rehabilitation order with intensive supervision and surveillance all blustery a gay. This would only apply if they are 14 or below 15 or over on the concept or persistence does not apply to. Please give some form to it if the offender is age 14 30 or 12 points. 46 remanded into custody. Local authority youth detention, accommodation Do please be aware of the case of Regina in eagles, as in the bird, which is authority for the proposition that if your client is being reminded in custody during the proceedings and he's made the subject of a detention in training order, the time will not be deducted by the institution itself. You must bring such periods of time to the attention of the court, and they may then determine that they're going to give a lesser detention in training order than they otherwise would have done. You do know, don't you? That detention and training orders are for specific time periods. 468 10 12 18 and 24 months. Five offenders who become 18 during the currency of the proceeding. Watch out for this. If your client in the youth court becomes 18 trying to play on an offence triable. Either way, you must deal with allocation and sending. He's an 18 year old. He's now could be treated as an 18 year old, albeit in the youth court. Don't get me wrong. He's in the right court. He was 17 or below on the occasion of his first appearance in court. So is in the right, called the Youth Court is just that. For one reason or another, the case has been adjourned on. He's now 18. If that occurs prior to play on a matter triable, either way, you must deal with allocation on sending he can. If he wants to elect trial, Baiju and the procedure must be carried out in the youth court Gosh, if he becomes 18 during the currency of the proceedings on a matter that's purely indict evil, he must be sent Section 51. You have them for you. There is no power of the court to deal with an 18 year old on a purely indict herbal. That six, the very event. It will be a very faint of a committal to the crown call percentage, see. Or she might be committed because the judge district judge bench take the view that perhaps he or she might need to be sentenced as a dangerous offender. See the powers of Criminal court sentencing at 2000 Section three C or the court may take the view that it Woz substantially more than the two month detention and training order that they themselves can impose. See Section three b but the powers of criminal calls Sentencing Act 2000. It will be a Baby Benz gosh on them. Or so if you're she has pleaded guilty because they're entitled to 1/3 by way of credit. In no circumstances, my view for what it's worth is they have to be looking at the centers in excess of three years before they could. Kimmitt for sentence. Remember, if you take a year off three years, you're down to a two year detention and training order, which is a centers taking turns 78 and nine conditional discharges. What do you need to know? What. I suppose that the same in the youth, gorgeous they are in the adult court. A conditional discharge shall not last longer than three years. The minimum period. Have a conditional discharge. One day, maximum three years. There is one thing you do need to know, and that is that the law says that you can't get a conditional discharge as a child or young person within two years off your second caution or conditional caution on less unless there are exceptional circumstances warranting it. So watch out for that. You'll often find when you're dealing with clients in the youth court that they have had previous dealings with the peace. They may well have to cautions or conditional cautions or ready, and they may well have bean imposed within the previous two years. This is section 66 of the Crime and Disorder Act, 1919 0.8, the very event of a little to the adult court. The sentence. There was nothing wrong with the Magistrates in the youth court remitted ing to the adult court for sentence, post conviction if they want to, I personally have never, ever seen it done. Why on earth would you want to remit to the Idol? Call when you've got a two year detention in training in order to play with? If you want to impose custody, your powers to impose custody in the youth court a far greater the powers available in the adult Magistrate Court. If you want to impose a community penalty, you got a community penalty that could have mawr things attached to it than the community penalty in the adult court. So it would seem to me to be balled up a point. This excesses immigration re drivers do watch out for probationary drivers. You might have a 17 year old. They passed their test. They're on probation for two years. The Run Traffic New Drivers Act 1995 says, Does he know that if you come in defenses during your two year probationary period and you're given six points all your given points, which added the points that you incurred before you passed your tests. If you get six or Mawr Swansea in due course, revoke your full license and put you back into the position of being alerted line. But it is important to appreciate that the court or not revoking your full licence, they are merely giving you the points. You will still have a full licence unless and until Swansea determined to revoke it. In my experience, the client is likely to get something from Swansea at three weeks after the court appearance and it will say something like Take note that with effect from the date on this notice, which is normally a day, seven days hence, your full licence has bean revoked and you have being reduced at to the stages off being a learner driver. If you want to drive, apply for a provisional licence display of plates. Have a qualified passenger in the vehicle with you. Of course, if the client thereafter passes their second test, therefore licenses restored, do them on. Would you believe it? There is no probation re period attaching to the passing off your second tests. Interesting is new and finally points 10 11 and 12. The sentencing of Children and young people. I've already mentioned this. Please go onto the centers in council website. Have a look at the document, the sentencing of Children and young people, Overarching principles. Very important in relation to sentencing that you're familiar with that document. You rehabilitation orders. While they're very similar to the community, orders that can be imposed in the adult called you will find the order in Section one off the Criminal Justice and Immigration Act 2000 and eight. You will find the breach powers contained in shed. You too, of the same act you will find when you look at c u. To the power is on breach of youth rehabilitation order are considerably wider then the powers on breach of an adult water. Adult orders, as you know, are made pursuant to Section 77 of the Criminal Justice Act 2000 and three and the breach proceedings that adult orders are contained in Schedule eight of the Criminal Justice Act 2000 and three. The need for a parent or guardian to be present. In my experience, if your plant is 16 or 17 he might get away with no parent or guardian being present in court. It may well be that a member of the youth offending service is asked to stand or sit next to him during the currency of the proceedings. If your client is 15 aled below, expect the first question to be asked, Where's the parent? Where's the guardian? And if you can't give a satisfactory answer as to why hasn't come with a parent or guardian or a family member, it may well be that the case is adjourned in order for one to attend next 15 or below. The position is different to that. Your client be 16 or 17 16 or 17 and he might get away without having a parent or guardian present. Excellent. With that, you are doesn't seem to take very long dozen, and we've come to the end of another 20 minutes. Thank you for watching. Thank you for listening. I hope I made some useful points, and I look forward to your company again in the not too distant future. On another one of these bite sized weapon on this is Colleen Beaumont saying Cheerio
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