Criminal Litigation SGS 12 Youth Procedure

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Author:
billsykes
ID:
210155
Filename:
Criminal Litigation SGS 12 Youth Procedure
Updated:
2013-03-30 16:12:42
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Criminal Litigation
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Criminal Litigation
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  1. Which one of the following is CORRECT?

    [A] A parent or guardian must attend court if the youth is 17 years old.

    [B] A parent or guardian must attend court if the youth is 16 years old.

    [C] A parent or guardian must attend court if the youth is 15 years old. 

    [D] A parent or guardian must attend court if the youth is 18 years old.
    [C] A parent or guardian must attend court if the youth is 15 years old.

    CORRECT. S.34A (1) of the CYPA 1933 (as inserted by s.56 of the CJA 1991) makes it clear that if a juvenile is under the age of 16, then a parent or guardian must attend court, unless it is unreasonable for them to do so.
  2. Billy, aged 15, and Andy, aged 18 are jointly charged with a nondomestic burglary (an either-way offence). They appear before the Magistrates’ Court and both indicate a not guilty plea. The magistrates accept jurisdiction for Andy and he consents to remain in the Magistrates Court for summary trial.

    Which of the following is INCORRECT?

    [A] Billy and Andy may both be tried in the Magistrates’ Court but the court may commit Billy and Andy to the Crown Court for sentence if convicted, if they believe it is in the interests of justice to do so.

    [B] Billy and Andy must be tried together in the Magistrates’ Court and the court has discretion whether to remit Billy to the youth court for sentence if convicted.

    [C] Billy and Andy must be tried in the Magistrates’ Court and the court may commit Andy to the Crown Court for sentence if convicted.

    [D] Billy and Andy must be tried in the Magistrates’ Court and the court may sentence both Andy and Billy in Magistrates’ Court if convicted.
    [A] Billy and Andy may both be tried in the Magistrates’ Court but the court may commit Billy and Andy to the Crown Court for sentence if convicted, if they believe it is in the interests of justice to do so.

    INCORRECT for the following reasons:

    (i) If a juvenile and an adult are both pleading NG, and the magistrates accept jurisdiction and the adult consents to summary trial, both SGS 12 MCQ ANSWERS BPTC: CRIMINAL LITIGATION, EVIDENCE & SENTENCING 2 17/12/12 10:47 AM/AGU LAW SCHOOL the adult and the juvenile MUST be tried in the Adult Magistrates’ Court.

    (ii) If the adult remains in the Magistrates’ Court, S.24(1)(b) of the MCA 1980 which deals with the “interests of justice” test is no longer a live issue. It would only be an issue if the magistrates declined jurisdiction or the adult elected Crown Court trial.

    (iii) In relation to the juvenile, the magistrates can either sentence the juvenile using their limited sentencing powers or remit the matter back to the Youth Court for sentencing. They cannot commit the juvenile to the Crown Court for sentence.

    (iv) In relation to the adult, the court could commit the adult to the Crown Court for sentence under s.3 PCC(S)A 2000, if the magistrates dealing with the issue of sentence felt that their sentencing powers were insufficient and the offence warranted a greater punishment then they had the power to impose (in this case the maximum sentence the magistrates could impose on Andy is a sentence of six months imprisonment).
  3. Andrew (26) is jointly charged with Jerry (16) with an offence of Common Assault (a summary only offence). Jerry is due to appear before the adult Magistrates’ Court and wishes to be advised as to his position on trial and sentence. Which of the following propositions are INCORRECT?

    [A] If Andrew pleads not guilty and Jerry pleads not guilty then both must be tried in the Magistrates’ Court.

    [B] If Andrew pleads guilty and Jerry pleads not guilty then Jerry may be tried in the Magistrates’ Court or remitted to the Youth Court for trial.

    [C] If Andrew pleads not guilty and Jerry pleads guilty, Jerry must be sentenced in the Magistrates’ Court.

    [D] If Andrew pleads guilty and Jerry pleads guilty, then Jerry may be sentenced in the Magistrates’ Court or remitted to the Youth Court
    [C] If Andrew pleads not guilty and Jerry pleads guilty, Jerry must be sentenced in the Magistrates’ Court.

    (INCORRECT, Jerry may be sentenced in the Adult Magistrates Court or remitted to the Youth Court for sentence).
  4. Roberta aged 14, appears before the Gladbury Youth Court. She is charged with Robbery. You make a Bail application, but the Court refuses to grant bail.

    Which of the following is/are CORRECT?

    (i) The court may remand Roberta to non-secure Local Authority Accommodation.

    (ii) The court may remand Roberta to a Remand Centre.

    (iii) The court may remand Roberta to a non-secure Local Authority Accommodation with a tagging condition.

    (iv) The court may remand Roberta to prison.

    [A] (i) and (iv).
    [B] (ii) and (iii).
    [C] (i) and (iii).
    [D] (ii) and (iv).
    [C] (i) and (iii).

    (i) The court may remand Roberta to non-secure Local Authority Accommodation. (CORRECT, CYPA 1969, s.23)

    • (iii) The court may remand Roberta to a non-secure Local Authority Accommodation with a tagging condition. (CORRECT, CYPA 1969, ss.23 and 23A. She has been charged with an offence punishable for a term of 14 years for an adult, and has attained the age of 12)
  5. Who can be an appropriate adult?
    a parent or guardian or social worker 

    must be present if a young person or vulnerable adult is to be searched or questioned in police custody
  6. Where a co-accused youth and an adult are tried on a summary offence, what is the MOT on plea in the following situations?

    1. Adult NG and Youth NG

    2. Adult G and Youth NG

    3. Adult NG and Youth G
    1. Adult NG and Youth NG - Must both be tried in the adult Mags

    2. Adult G and Youth NG - Youth may be tried in adult Mags OR remitted to Youth court (Mags decide)

    3. Adult NG and Youth G - Youth may be tried in adult Mags OR remitted to Youth court (Mags decide)

    NB: Adult Mags have limited sentencing power re Youths

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