YOUTH JUSTICE SYSTEM

Youth Justice System

Youth Justice System

Youth juvenile justice system in England and Wales have bodies and processes used to prosecute, convict and punish persons under age 18 who commit crimes. Main objective of juvenile justice system is to prevent crimes committed by children and youth.

THE child under 10 is irrefutable presumption that it is incapable of committing the crime. Before 1998, the child aged between 10 and 14 are presumed to be incapable of committing the crime unless prosecution was able to demonstrate that child knew difference between good and evil. Now, children between 10 and 14 are capable of committing crimes and it is not possible for the child to avoid liability by proving that you do not know difference between good and evil. However, the child should not be convicted if he is unable to respond.

After the person less than 17 years has been arrested and taken to the police station, code C for Police and Criminal Evidence Act 1984 requires that custody officer to determine identity of parents, guardians, authority's local caregiver or any other person who has assumed responsibility for welfare of child and must report on arrest. Custody officer must inform appropriate adult (who may or may not be same person) of reasons for detention of prisoners and ask adults to reach police station to see detainee. Child must be informed of rights of appropriate adult and child may consult privately with appropriate adult at any time, but warned that such conversations are not privileged.

Children, who normally cannot be interviewed or be asked to sign the written statement under caution, will be asked to sign an interview without an adult present case.

One child ordinarily be tried in juvenile court. Child shall only be tried in Magistrates Court for an adult, where he is charged with an adult.

THE young man will be tried in Crown Court:

Offence

Discretion

Court

Homicide offences

must

Crown Court

Firearms offences where mandatory minimum term applies

must

Crown Court

Grave crimes

offences carrying terms exceeding 14 years for adults

sexual assault

child sex offences

may court should consider representations only and not evidence.

defendant has no right to elect Crown Court trial.

There must be the real possibility that claimant could be sentenced to the custodial term in excess of two years. decision may be challenged by judicial review.

Crown Court

Specified offence punishable in case of an adult by life or more than 10 years imprisonment

must if court considers there is the significant risk to members of public of serious harm occasioned by commission by offender of further specified offences

Crown Court

Tried alongside adult

Adult is to be tried in Crown Court

if it is necessary in interests of justice that they both be tried in Crown Court

Crown Court

Adult is to be tried in Magistrates' Court

Adult Magistrates' Court

THE juvenile court is the magistrates' court, but Juvenile Court has jurisdiction to try juveniles in the court of first instance has no similar power to deal with adults. Judges and District Judges who sit on Juvenile Court will receive specialized training on dealing with young ...