CATEGORISATION OF YOUTH
D24.2 – Terminology: 'Adult', 'Child' and 'Young Person'
(a) Adult. In the context of criminal procedure and mode of trial, an 'adult' is any person aged 18 or over. In the context of sentencing, however, 'adult' is
sometimes used to mean those aged 21 or over, since it is at that age that an offender currently becomes liable to imprisonment.
(b) Child. By the CYPA 1933, s. 107(1), 'child' (when used in that Act) means a person under the age of 14 years. The CYPA 1969, s. 70(1), contains a
similar provision in respect of most of the provisions of that Act, while the CYPA 1963, s. 65(3), provides that the 1963 Act shall be construed 'as one
with' the 1933 Act.
(c) Young person. The definition sections referred to in (c) above also define 'young person' as a 'person who has attained the age of 14 years and is under
the age of 18 years'. Thus, a distinction has to be drawn between children (aged under 14) and young persons (aged 14 to 17 inclusive).
D24.5 – Age of Criminal Responsibility
There is an irrebuttable presumption that a person who is under the age of ten cannot be guilty of a criminal offence (CYPA 1933, s. 50).
There used to be a rebuttable presumption that a child aged between ten and 14 was incapable of committing an offence (doli incapax).
This presumption (which could be rebutted by evidence that the child knew that he or she was doing wrong) was, however, abolished by the CDA
1998, s. 34.
JTB [2009] UKHL 20 – the issue was whether the effect of s. 34 had been to abolish the defence of doli incapax altogether in the case of a child aged between
10 and 14 years, or merely to abolish the presumption that the child has that defence, thereby leaving it open to the child to prove that, at the material time, he
or she was doli incapax. The House of Lords ruled that, by enacting s. 34, Parliament intended to abolish both the presumption and the defence of doli incapax.
The trial judge's ruling, that D (aged 12) was precluded by s. 34 from raising the issue of doli incapax, was therefore upheld.
PROCEDURE IN YOUTH COURT
, D24.8 – MODE OF TRIAL
The normal rules governing allocation (sometimes known as 'mode of trial') do not apply where the accused is under the age of 18.
Most children and young people are tried and sentenced in youth courts
CYPA 1933, s. 45 – youth courts are magistrates' courts.
Trial in the youth court is merely a form of summary trial (even though there are special rules governing the procedure to be followed by youth
courts).
Youth court has jurisdiction to try offences which, in the case of an adult, are triable only on indictment (with the exception of homicide and
certain firearms offences).
Whereas an adult may never be tried summarily for an offence triable only on indictment and always has the right to elect trial on indictment for an offence
triable either way, an accused under the age of 18 may (and usually will) be tried summarily for an indictable offence, whatever the accused's wishes as
to mode of trial may be
An accused under the age of 18 has no right to elect a Crown Court trial.
If a child or young person is sent to the Crown Court for trial, it is because the magistrates have decided that they should not accept jurisdiction
— the most the accused may do is to make representations for or against staying in the youth court.
CROWN COURT ADULT MAGISTRATES’ COURT
, a child or young person either MUST be tried in a child or young person MAY be tried in the a child or young person MAY be tried in an
the Crown Court if charged: Crown Court if charged: adult magistrates' court if charged alongside an
adult accused.
(i) with homicide, or (i) with an offence to which the SA 2020,
s. 249, applies (offences carrying at
(ii) with certain offences to which least 14 years' imprisonment in the
mandatory minimum sentence case of an adult, together with those
provisions (e.g., the SA 2020, s. 311) specified in s. 249 itself ), or
apply, if applicable in the instant case;
(ii) with an offence which falls within the
ambit of the 'dangerous offender'
provisions of the SA 2020, or
(iii) alongside an adult accused;
D24.12 – Exclusion of Public
The public are excluded from the courtroom of a youth court.
CYPA 1933, s. 47(2) + CrimPR 24.2(1)(c) – the only persons permitted to be present in the youth court are:
(a) members of the court and court officials;
(b) parties to the case before the court and their legal representatives (lawyers cannot enter the courtroom if a case they are appearing in is not being
dealt with at that time);
(c) witnesses and other persons directly concerned in that case (witnesses are allowed to remain in court once they have given evidence);
(d) bona fide representatives of news gathering or reporting organisations (but note the reporting restrictions set out below);
(e) anyone else directly involved in the case (e.g., probation officers or social workers involved in the case); and
(f) such other persons as the court may specially authorise to be present.
The position in the youth court should be contrasted with those cases where a child or young person is appearing as an accused, or as a witness, in an adult
magistrates' court or the Crown Court—in those courts, the public has the right to be present unless the court takes the exceptional step of sitting in
private.
D24.16 – ATTENDANCE OF PARENT / GUARDIAN
, CYPA 1933, s. 34A(1) – where the accused is a child or young person, the court MAY in any case, and MUST in a case where the accused is under the age
of 16, order the attendance of a parent or guardian unless and to the extent that the court is satisfied that it would be unreasonable to do so, having regard
to the circumstances of the case.
'Guardian' is defined as any person who, in the opinion of the court, has for the time being 'the care of the child or young person' (s. 107).
'Parent' is not defined in the 1933 Act but, by the Adoption Act 1976, s. 39, includes the adopter of an adopted child.
In cases where the local authority has parental responsibility, their representative, rather than, or in certain cases as well as, the parent must (or may) be required
to attend (CYPA 1933, s. 34A(2)).
D24.17 – COURSE OF TRIAL IN YOUTH COURT
D24.2 – Terminology: 'Adult', 'Child' and 'Young Person'
(a) Adult. In the context of criminal procedure and mode of trial, an 'adult' is any person aged 18 or over. In the context of sentencing, however, 'adult' is
sometimes used to mean those aged 21 or over, since it is at that age that an offender currently becomes liable to imprisonment.
(b) Child. By the CYPA 1933, s. 107(1), 'child' (when used in that Act) means a person under the age of 14 years. The CYPA 1969, s. 70(1), contains a
similar provision in respect of most of the provisions of that Act, while the CYPA 1963, s. 65(3), provides that the 1963 Act shall be construed 'as one
with' the 1933 Act.
(c) Young person. The definition sections referred to in (c) above also define 'young person' as a 'person who has attained the age of 14 years and is under
the age of 18 years'. Thus, a distinction has to be drawn between children (aged under 14) and young persons (aged 14 to 17 inclusive).
D24.5 – Age of Criminal Responsibility
There is an irrebuttable presumption that a person who is under the age of ten cannot be guilty of a criminal offence (CYPA 1933, s. 50).
There used to be a rebuttable presumption that a child aged between ten and 14 was incapable of committing an offence (doli incapax).
This presumption (which could be rebutted by evidence that the child knew that he or she was doing wrong) was, however, abolished by the CDA
1998, s. 34.
JTB [2009] UKHL 20 – the issue was whether the effect of s. 34 had been to abolish the defence of doli incapax altogether in the case of a child aged between
10 and 14 years, or merely to abolish the presumption that the child has that defence, thereby leaving it open to the child to prove that, at the material time, he
or she was doli incapax. The House of Lords ruled that, by enacting s. 34, Parliament intended to abolish both the presumption and the defence of doli incapax.
The trial judge's ruling, that D (aged 12) was precluded by s. 34 from raising the issue of doli incapax, was therefore upheld.
PROCEDURE IN YOUTH COURT
, D24.8 – MODE OF TRIAL
The normal rules governing allocation (sometimes known as 'mode of trial') do not apply where the accused is under the age of 18.
Most children and young people are tried and sentenced in youth courts
CYPA 1933, s. 45 – youth courts are magistrates' courts.
Trial in the youth court is merely a form of summary trial (even though there are special rules governing the procedure to be followed by youth
courts).
Youth court has jurisdiction to try offences which, in the case of an adult, are triable only on indictment (with the exception of homicide and
certain firearms offences).
Whereas an adult may never be tried summarily for an offence triable only on indictment and always has the right to elect trial on indictment for an offence
triable either way, an accused under the age of 18 may (and usually will) be tried summarily for an indictable offence, whatever the accused's wishes as
to mode of trial may be
An accused under the age of 18 has no right to elect a Crown Court trial.
If a child or young person is sent to the Crown Court for trial, it is because the magistrates have decided that they should not accept jurisdiction
— the most the accused may do is to make representations for or against staying in the youth court.
CROWN COURT ADULT MAGISTRATES’ COURT
, a child or young person either MUST be tried in a child or young person MAY be tried in the a child or young person MAY be tried in an
the Crown Court if charged: Crown Court if charged: adult magistrates' court if charged alongside an
adult accused.
(i) with homicide, or (i) with an offence to which the SA 2020,
s. 249, applies (offences carrying at
(ii) with certain offences to which least 14 years' imprisonment in the
mandatory minimum sentence case of an adult, together with those
provisions (e.g., the SA 2020, s. 311) specified in s. 249 itself ), or
apply, if applicable in the instant case;
(ii) with an offence which falls within the
ambit of the 'dangerous offender'
provisions of the SA 2020, or
(iii) alongside an adult accused;
D24.12 – Exclusion of Public
The public are excluded from the courtroom of a youth court.
CYPA 1933, s. 47(2) + CrimPR 24.2(1)(c) – the only persons permitted to be present in the youth court are:
(a) members of the court and court officials;
(b) parties to the case before the court and their legal representatives (lawyers cannot enter the courtroom if a case they are appearing in is not being
dealt with at that time);
(c) witnesses and other persons directly concerned in that case (witnesses are allowed to remain in court once they have given evidence);
(d) bona fide representatives of news gathering or reporting organisations (but note the reporting restrictions set out below);
(e) anyone else directly involved in the case (e.g., probation officers or social workers involved in the case); and
(f) such other persons as the court may specially authorise to be present.
The position in the youth court should be contrasted with those cases where a child or young person is appearing as an accused, or as a witness, in an adult
magistrates' court or the Crown Court—in those courts, the public has the right to be present unless the court takes the exceptional step of sitting in
private.
D24.16 – ATTENDANCE OF PARENT / GUARDIAN
, CYPA 1933, s. 34A(1) – where the accused is a child or young person, the court MAY in any case, and MUST in a case where the accused is under the age
of 16, order the attendance of a parent or guardian unless and to the extent that the court is satisfied that it would be unreasonable to do so, having regard
to the circumstances of the case.
'Guardian' is defined as any person who, in the opinion of the court, has for the time being 'the care of the child or young person' (s. 107).
'Parent' is not defined in the 1933 Act but, by the Adoption Act 1976, s. 39, includes the adopter of an adopted child.
In cases where the local authority has parental responsibility, their representative, rather than, or in certain cases as well as, the parent must (or may) be required
to attend (CYPA 1933, s. 34A(2)).
D24.17 – COURSE OF TRIAL IN YOUTH COURT
