Youth Court Update - Part One
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Criminal Law
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast series considers the current sentencing regime and overarching sentencing guidelines for youths.
Part One will begin with a detailed examination of the Youth Rehabilitation Order. It will also consider provisions for children and young people with mental health issues and special measures in the youth justice system before going on to consider the changes to youth referral orders and amendments to pre sentence report requirements. It will then flag up the amendments to detention for public protection following the Criminal Justice & Immigration Act 2008. It will also look at changes to extended sentences for certain sexual and violent offences. It will then be discussing the significant development in terms of conditional cautions becoming available for children and young persons and what changes the Coroners and Justice Act 2009 has brought to youth sentencing.
Part Two will consider the factors the court will take into account when sentencing a young person and look at the guidance regarding the appropriate type and length of order given to children and young people. It will consider when custody will be considered appropriate for a young person and consider the position with regard to application for a young person’s bail in murder cases and how sexual offences will be approached in the youth court. It will also identify various resources and guidance which might be of use to youth court practitioners and then highlight some recent youth court case law which raises some interesting issues.
- Outcomes:
- After completing the course you will:
- Know when a Youth Rehabilitation Order (YRO) will be available and to whom it may apply;
- Be aware of the requirements which may be included in a YRO;
- Understand the circumstances in which the Intensive Supervision and Surveillance (ISS) requirement will be included in a YRO;
- Know what an ISS requirement will involve;
- Know what will constitute a ‘persistent offender’;
- Understand when a sentencing court should consider the Fostering requirement;
- Know what will constitute a breach of the YRO and the options available to the court in such circumstances;
- Be aware of provisions for Mental Health issues and Special Measures;
- Know about amendments to Pre Sentence Report requirements;
- Be aware of the amendments to Detention for Public Protection and Extended Sentences;
- Know about the availability of Conditional Cautions for children and young people;
- Be aware of the changes brought about by the Coroners and Justice Act 2009.
- Level:
- Specialist
- Classification:
-
Case Update
Legislative Updates
- Sources and References:
-
- AG Ref No.6 of 2009 [2009] EWCA Crim 1132;
- Assessment, Planning Interventions and Supervision (ASSET);
- Bradley Report 2009;
- Case Management Guidance;
- Children Act 1989;
- Children Young Persons Act 1969;
- Coroners and Justice Act 2009;
- Criminal Justice Act 2003;
- Criminal Justice and Immigration Act 2008;
- Key Elements of Effective Practice;
- N, D and L [2010] EWCA 941;
- National Standards for Youth Justice Services ;
- Powers of Criminal Court (Sentencing) Act 2000;
- R (on the application of B) v Brent Youth Court [2010] EWHC 1893 Admin;
- R (On the application of G) (FC) v London Borough of Southwark [2009] UKHL 26;
- R (on the application of W) v Warrington MC [2009] EWHC 1538 (Admin);
- R v Barker [2010] EWCA Crim 4;
- R v C [2010] 1 Cr App R (S) 616;
- R v J [2010] 1 Cr App R (S) 580;
- R v Malicki [2009] EWCA Crim 365;
- R v Theaker (Fearn) [2009] EWCA Crim 620;
- Revised National Standards for Youth Justice Services published 30 November 2009;
- Sentencing Council Guidelines;
- The Youth Justice Board – Making it Count in Court 2nd edition republished 2010;
- Youth Justice and Criminal Evidence Act 1999;
- “Youth Justice – the next steps”.
In this two part podcast series Greg Stewart from GT Stewart Solicitors gives an update on some recent developments within the Youth Court.
Podcast added: 16/05/11
Podcast last reviewed: 2012-04-02
