In addition to the adult Magistrates' Court, which is the usual topic of conversation on this blog, specially trained and appointed Magistrates also sit in the Youth Court.
I am one such Magistrate.
The Youth Court deals with offenders aged between 10 and 17 years old. Legislation defines a child as being younger than 14 years old; a young person as being between 14 and 17 years old. The age of criminal responsibility in England and Wales in 10 years old and anyone below that age cannot be convicted of a criminal offence. The principle aim of the youth justice system is to prevent offending by children and young people.
The main frustration of sitting in the Youth Court is the lack of work. Over the last few years the police, certainly in my area, have done their utmost to avoid criminalising children and young people by dealing with offences by out of court disposal.
There are three general types of out of court disposal - community resolutions; youth cautions and youth conditional cautions. Serious offences that would invariably result in criminal proceedings against an adult in the Magistrates' Court - burglary, theft of a motor vehicle and the like - are intercepted before they make it as far as the Youth Court.
The upshot is that very few cases appear in the Youth Court list. Instead of sitting weekly, the court now sits on a once or twice monthly basis. It is virtually impossible to pick up the 15 minimum sittings expected every year.
Because there are so few cases, those that are listed are often picked up by a District Judge who wishes to keep their hand in. On more than one occasion I have arrived at court expecting to sit in youth, only to find that I have been bumped across to the adult court.
The serious concern is that there are so few sittings that youth Magistrates are struggling to maintain currency and competence. This is something that needs to be addressed.
How can it be addressed? If the authorities do not prosecute then there is no work in Youth Court. Also, I think they will bring in judges if the case is serious due to possible legal complications, length of hearings etc.
ReplyDeleteIt is a tricky one Peter. On the one hand we absolutely do not want youths being criminalised unnecessarily, but on the other we would like enough work to keep our skills sharp. District Judges do need to handle some of the cases - serious sexual assaults and rapes spring to mind. I guess one solution to lack of sittings might be broader regionalised working. I know in some parts of London they have enough work for two or three Youth Courts to run every day.
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