25. Prosecuting Young Offenders

2021 ◽  
pp. 475-491
Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations (grave offences and dangerous offenders) where they will be tried in the Crown Court or when jointly charged with an adult sometimes in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.

Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations (grave offences and dangerous offenders) where they will be tried in the Crown Court or when jointly charged with an adult sometimes in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations (grave offences and dangerous offenders) where they will be tried in the Crown Court or when jointly charged with an adult sometimes in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations (grave offences and dangerous offenders) where they will be tried in the Crown Court or when jointly charged with an adult sometimes in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations where they will be tried in the Crown Court or in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.


Author(s):  
Martin Hannibal ◽  
Lisa Mountford

Where a prosecution is commenced against a child aged 10 to 13 years or against a young person aged 14 to 17 years, the general rule is that he will be tried and sentenced in the youth court. The youth court adopts more informal and less adversarial procedures to deal with the needs and vulnerabilities of young defendants. However, there are exceptional situations where they will be tried in the Crown Court or in the adult magistrates’ court. This chapter discusses the rules for deciding where a young person is to be tried; the rules for trying a young person in the Crown Court; the rules for trying a young person in the adult magistrates’ court; the young defendant’s right to court bail; and the procedure in the youth court.


Author(s):  
Danielle Tracey ◽  
José Hanham

Reducing the recidivism of young offenders is a critical research issue, not only to enhance the future outcomes for the young person but also to reduce the future risk to the community. Navigating the immediate transition from detention back into the community is positioned as a critical milestone. This small qualitative study describes how young offenders participating in a formal mentoring program in Australia experienced the transition from detention to the community and the intrinsic drivers of their behaviour throughout this transition. Perspectives of their mentors and caseworker were also solicited. Importantly, their stories were interpreted through the lens of positive psychology and self-determination theory to discuss the relevance of one’s pursuit of autonomy, relatedness, and competence. Increasing our understanding of these intrinsic motivators will assist young offenders to pursue a better life away from crime and benefit both themselves and the wider community.


2005 ◽  
Vol 32 (3) ◽  
pp. 251-277 ◽  
Author(s):  
Carla Cesaroni ◽  
Michele Peterson-Badali

This article explored results from a study of 113 incarcerated male youths, who were age 12 to 15 at the time of their indexed offense. Using a widely used, normed measure of psychosocial functioning, the study examined the relationship between preexisting risk factors and/or institutional risk factors and adjustment in custody. Preexisting risk or vulnerability significantly predicted adjustment to custody, as did several risk factors within facilities (worry about victimization, perceiving victimization as likely, and experiencing conflicts with inmates as difficult). Risk factors associated with institutional life appeared to contribute to a young person’s adjustment beyond the risk factors a young person may walk into an institution with. One commonly used measure of institutional functioning, number of custodial rule infractions, did not appear to be a valid indicator of how a youth felt or adjusted to a facility. Limitations and implications of the findings are discussed.


1998 ◽  
Vol 44 (3) ◽  
pp. 399-411 ◽  
Author(s):  
Jane B. Sprott

This study examined the frequently reported finding that the public believes that youth court sentences are too lenient and that young offenders should be processed in the adult justice system. These beliefs, along with the view that sentences for specific cases should be harsher, were all related to one another in an Ontario, Canada, survey. However, the nature of the relationship was complex, and more detailed analyses suggested that the wish to imprison young offenders was not solely a desire for more punitive responses but instead was due, in part, to perceptions that alternatives to prison were ineffective.


2011 ◽  
Vol 75 (1) ◽  
pp. 45-69 ◽  
Author(s):  
Ian Edwards

The referral order (RO) is the volume sentence in youth justice. The Criminal Justice and Immigration Act 2008 (CJIA) made important changes to the use of ROs for young offenders. This article analyses these amendments and evaluates the extent to which they signal a move away from the original rationales for ROs. I argue that the CJIA subtly changes ROs and that this shift broadens the availability of ROs, although the significance of the changes depends in particular on how youth court magistrates view the utility of ROs and restorative justice.


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