1. the categorisation of youths into ‘child’ and ‘young person’
2. procedure in the youth court
3. circumstances in which a youth will appear in the adult magistrates’ courts and the Crown Court, including
reference to how the dangerous offender provisions apply to youths
4. the sente...
Syllabus 21: Youth Courts and the appearance of youths in other courts
[D24.2 and D24.5]
1) Terminology
Adult = Any person ages 18 and over. However, in the context of sentencing, adult is sometimes used to mean
those aged 21 and over (as that is the age they are liable for imprisonment).
Young person = Person who has attained the age of 14 years old and is under the age of 18 years.
Child = A person under the age of 14 years old.
2) Criminal Responsibility
The age of criminal responsibility is 10 years old as there is an irrebuttable presumption that a person who is under
the age of ten cannot be found guilty of a criminal offence.
[D24.8, D24.12, D24.16 (first sub-paragraph), D24.17 (except for the last sub-paragraph), D24.24 (except for the
last sub-paragraph), D24.25]
3) Mode of Trial
A child or young person must be tried in the CC if charged:
® Homicide;
® With certain offences to which mandatory minimum sentence provisions apply
A child or young person may be tried in the CC if charged:
® With an offence to which SA 2020, s.249 applies (offences carrying at least 14 years imprisonment in
the case of an adult together with those specified in s.249); or
® With an offence which falls within the ambit of the dangerous offender provisions of the SA 2020; or
® Alongside an adult accused.
A child or young person may be tried in an adult magistrates’ court if charged alongside an adult accused.
4) Exclusion of public
The public are excluded of the courtroom of a youth court. 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
(c) Witnesses and people directly concerned in the case
(d) Bona fide representatives of news gathering or reporting organisations
(e) Anyone else directly involved in the case (probation officer, social worker)
(f) Such other persons as the court may specially authorise to be present.
® Attendance of parent or guardian
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.
, 5) Course of the trial in a Youth Court
Course of the trial is similar as that in the adult MC, some differences:
- Term ‘conviction’ and ‘sentence’ is not to be used and is replaced by ‘finding of guilt’ and ‘order made
on finding of guilt’ (does not apply to indictments)
- Less formal that adult magistrates’ court (youth sits on chair not dock, addressed by their first names,
oath taken by witness is a promise to tell the truth).
6) Plea before venue
ss.24A to 24D MCA 1980: Procedure is similar.
This section applies where the court would otherwise be required to send a child or young person to the CC for
trial by virtue of the CDA 1998 s.51(7) or (8) (cases where there is an adult co-accused).
This section does not apply where a child or young person is charged with an offence listed in CDA 1998 s51A(12)
namely homicide or cases where s.311(1) or VCRA 2007 s29(3) would apply if the child or young person were
convicted of the offence.
A plea before venue hearing must take place where there is a possibility of the child or young person being tried
in the CC because he or she is charged alongside an adult or where the offence is one to which the SA 2020, s.249
applies.
The child or young person is invited to indicate an intention to plead G or NG.
If G plea entered à deem to have been entered at that point. Magistrates proceed to sentencing. If s.249 SA 2020
applies the magistrates may commit the offender to the CC for sentence (s.16 SA 2020) if they consider their
sentencing powers are insufficient.
If NG plea entered à the magistrates proceed to determine allocation. The magistrates consider whether it ought
to be possible to impose a sentence of detention under s.249 if the accused is found G. If the case is where the
child or youth is charged alongside an adult who is to be tried in the CC, the magistrates consider whether it is
necessary in the interests of justice for the child or young person to be sent to the CC for trial as well.
The plea and venue procedure can be determined in the absence of a child or young person who is legally
represented and the court considers that because of the accused’s disorderly conduct before the court, it is not
practicable for proceedings to be conducted in his or her presence and the court considers that it should proceed
in the accused’s absence à The legal representative can enter a plea on the A’s behalf.
[D24.46-24.52 and D24.66 (first sub- paragraph)]
7) Child or Young person charged with an adult
s.51 Crime and Disorder Act 1998
Applies where an adult is sent for trial under s.51 and a person under 18 appears before the court
charged jointly with an adult who has been sent for trial for the same or a related offence.
If the court considers it necessary in the interests of justice to do so à send the child or young person
to the CC for trial for the indictable offence. The child or Y person can also be sent to CC for any
related offences (if summary, only when punishable with imprisonment).
If the child or Y person indicates an intention to plead NG the court will invite representations from the
prosecution and defence on the issue of whether it should be sent to CC. Balance is whether there should
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