Going to Court
A Young Person's Guide to the Youth Court, Magistrates' Court and Crown Court.
Youth Courts deal with nearly all cases where young people between
the ages of 10 and 17 inclusive are said to have broken the law.
This
page tells you about the Youth Courts, and shows how they deal with
offenders. It is for information only and should not be regarded as a
full statement of law.
There are two ways in which you may be brought before the Youth Court:
- Summons: Usually you will get a written summons from the court. This will be posted to you or handed to you personally. The summons tells you what offences you have been charged with and gives the day and time that you have to be at court and the address of the court building.
- Arrest: The Police may take you into custody. They will usually then release you on bail, sometimes with conditions, until the court hearing. Details of the court hearing will be on your bail notice. Details of the offences with which you have been charged will be shown on your charge sheet.
Attending Court
It
is advisable to get to Court half an hour before the time you have been
given. When you arrive, tell the usher that you are there. Usually they
wear a black gown.
At
least one of your parents (or guardians) must come to Court with you,
if you are 17 years of age this is not compulsory, but still advisable.
If no one attends with you, the case may be put off (adjourned) to
another day.
Seeing a Solicitor
Get a solicitor to speak for you in court. You may qualify for free legal advice.
Your
parents or friends may suggest one or you can see the Duty Solicitor at
Court. Don't be shy about contacting a solicitor, it is their job to
deal with such matters. Make sure that you show the solicitor any
charge / summons papers.
In Court
Courts are very formal. If you want to make good impression in court the following points may be helpful:
- Try to be neat and tidy in your dress and appearance.
- Don't put your hands in your pockets, it is best to keep them by your side.
- Don't eat or chew gum in court.
If
you want to say something to the Magistrates but feel nervous about
speaking in court, write down what you want to say and hand your note
to the solicitor or the Court Clerk. When you are speaking to the
Magistrates, address them as 'Sir' or 'Madam'.
Do not be afraid
to ask if you do not understand anything, it can be explained to you.
If you or your parent/guardian or other adult attending with you do not
speak or understand English well, ask for an interpreter.
Admitting/Denying the Charge(s)
When
you first go into Court the Clerk will read out the offences with which
you are charged. You will then be asked whether you wish to plead
'guilty' or 'not guilty'.
You can then do one of three things:
- You can ask for a delay (an adjournment) to give you time to talk to a solicitor about your case. If you are unsure about what to do or if you have not spoken to a solicitor, it is best to ask for an adjournment.
- You can deny the offence (plead 'not guilty'). The case will then be adjourned to a later date for a 'Pre trial review' or a full trial when witnesses can be called by both yourself and the Crown Prosecution Service (CPS).
- You can admit the offence (plead 'guilty'). You should not do this unless you have first discussed it with your solicitor. If you plead guilty you may be dealt with there and then. Sometimes the case will be put off until a later date to allow the Court to find out more about you.
Pre-Sentence Reports
These
are prepared by a worker from the Youth Offending Team and will give
the Magistrates relevant information about you. There may be a separate
report from school (where applicable).
When talking to the
person writing the report, remember that anything that is relevant can
be included in the report. Don't forget to mention the good things
about yourself.
When you come before the Court to be sentenced
you and your parent / guardian will be given a copy of the report. You
should read it very carefully. A Youth Offending Team worker will be at
court and will assist you if you have difficulties reading.
If you feel any part of the report is wrong or unfair, speak to the officer present at Court and speak to your solicitor.
Remand Orders
A Remand Order may involve time spent in custody or at a secure Local Authority Centre. Time on secure remand should already have been taken into account by the Court when deciding your sentence. This includes days spent in police custody.
The Decision
If you are
found guilty or if you plead guilty the Crown Prosecutor will tell the
Magistrates about the offence(s) and whether you have any previous
convictions or Police cautions. If you disagree with anything they read
out you should tell your solicitor immediately. Your solicitor will
then speak for you, giving the Magistrates any reasons or explanations
concerning your behaviour. Any reports available will also be read.
When
the evidence from both sides has been heard the Magistrates will then
retire (leave the courtroom) to reach a decision. They will take into
account the seriousness of the offence, any previous record, your
general behaviour and the likelihood of your offending again. When they
return you should stand up and remain standing whilst they give their
decision.
Sentencing
There are a number of ways you can
be dealt with. Ask your solicitor, or a Youth Offending Team worker to
discuss likely sentences with you.
The more usual sentences are:
Conditional Discharge:
The Magistrates may choose not to sentence, but to 'discharge' the matter on the 'condition' that you do not re-offend during a set period of time (usually 1 to 2 years). If you do re-offend you may be dealt with for this matter also.
Reparation Order:
Following an assessment, a short programme of work will be offered to the Court. This will include some form of 'reparation' for the benefit of your victim or the community as a whole. This means 'putting things right' e.g. by apologising, fixing any damage or doing something for the community.
Action Plan Order:
A short programme of 'offence-focused' work. The Magistrates will require you to follow specific instructions, such as attendance at school, reparation etc.
Attendance Centre Order:
You may be ordered to go to an Attendance Centre for between 12 - 36 hours. Usually you will be expected to attend for two hours on alternate Saturdays until you have completed the number of hours required. Whilst at the centre, most of which are run by the Police, you will have to take part in sport / physical exercises as well as other activities.
Financial penalties:
Fines, Court Costs or Compensation Orders. The Court will take your financial situation into account. You should therefore be ready to give details of your income to your solicitor or to the Court. Unless a young person is aged 16+ and has his/her own income, the responsibility for payment of such penalties will fall to parents / guardians.
Parental Bindover:
This requires parents to agree to exercise 'proper control' over their children for a fixed period of time. Failure to do so could result in a financial penalty.
Parenting Order:
Requires the Parent(s) or Guardians of offenders to undertake some work to address issues relating to the upbringing of their children.
Supervision Order:
The Magistrates can place you under the supervision of a worker from the Youth Offending Team for between 6 months and 3 years. This person will offer advice and support for the duration of the order. Failure to co-operate will result in your being returned to Court (breached) for re-sentencing. In the event of good progress being made on such an order, an application can be made to the court for it to be discharged early.
Curfew Order:
(ages 16 - 17) Commonly known as a 'tag'. This is a form of electronic monitoring, and requires agreement to the installing of equipment in your home. A curfew order can be made alongside another order.
Electronic Tagging involves the
electronic monitoring of the young offender (for example to reinforce a
night time curfew if that is when they are most at risk of offending).
Commonly
known as a 'tag' it is a form of electronic monitoring that requires
agreement to the installing of equipment in the young offender’s home.
Community Rehabilitation Order:
(ages 16 - 17) This was called a Probation Order and is similar to a Supervision Order, but is aimed at those aged 16+. A Youth Offending Team worker may request that specific requirements be attached to it.
Community Punishment Order:
(ages 16 - 17) This was called a Community Service Order and requires the completion of unpaid work for a total period of between 40 and 240 hours.
Community Punishment and Rehabilitation Order:
(ages 16 - 17) This was called a Combination Order and combines a Community Rehabilitation Order of between 1 and 3 years and a Community Punishment Order of between 40 and 100 hours.
Note: Failure to comply with any of the above Court Orders will result in the case being referred back to the Court. This may result in re-sentencing for the original offence, as well as for the additional 'breach' offence.
Custody
Detention and Training Orders:
(ages 12 - 17) A period of time between 4 and 24 months, half of which is served in detention, the remainder in the community under the supervision of a Youth Offending Team worker.
Committal to Crown Court:
The
Magistrates in the Youth Court may decide to commit the case to the
Crown Court where the sentencing decisions are made by a Judge. They
will do this for all very serious offences that might result in longer
custodial sentences than those which the Magistrates can impose.
For
the most serious of crimes e.g. murder, manslaughter, rape etc. an
order can be made under Section 90/91 of the 1998 Crime and Disorder
Act, to 'detain' offenders aged 10 to 17 years.
Appeals:
If
you are unhappy about the result of your court case you should discuss
an appeal immediately. Appeal papers have to be filed in court within
21 days of your conviction or sentence. If you appeal against a
custodial sentence, you can apply to be bailed until the appeal
hearing.
Appeal cases are heard at the Crown Court. The court can increase or decrease the original sentence.