Youth
Court of Jersey
Practice
Direction - MC 24/01 – Youth Court Practice Direction
This Practice Directions is issued by the Magistrate under
Article 113 Criminal Procedure (Jersey) Law 2018 [“the Law”] and shall come
into force on 1 August 2024.
It is
to be read together with the Law, Criminal Justice (Young Offenders) (Jersey)
Law 2014 [‘the 2014 Law’] and any relevant Practice Directions issued by the
Magistrate.
The overriding objective of the Law is to ensure that cases in
criminal proceedings are dealt with justly. Dealing with cases justly includes
acquitting the innocent and convicting the guilty, recognising the rights of
the defendant, particularly the right to a fair trial, and dealing with cases
efficiently and expeditiously.
It is the duty of all participants in criminal proceedings to
prepare and conduct cases in accordance with the overriding objective and to
comply with the relevant procedures. The Law, the Rules and this Practice
Direction are the relevant procedures in the Youth Court.
Application of this Practice Direction
This Practice Direction applies to all children and young people
appearing in the Youth Court whether as defendants or as witnesses.
Interpretation
In this Practice Direction the terms ‘child’ and ‘young person’
are defined in accordance with the 2014 Law.
·
A ‘child’
is a person accused of or convicted of an offence, who has reached the age of
10 years, but who has not yet reached the age of 15 years.
·
A ‘young
person’ is a person accused of or convicted of an offence, who has reached
the age of 15 years, but who has not yet reached the aged of 18 years.
·
‘Parent’
means the responsible adult who accompanies the child or young person to Court,
whether that is the natural parent, step-parent, corporate parent or an adult who is
known to and trusted by the child or young person.
·
‘Court’ means
the Youth Court.
Contents
Section Title
1
Court
Hearings
2
Rights
of Children and Young People
3
Speaking
and Understanding
4
What to
Wear
5
Where
to Sit
6
People
in Court
7
Lawyers
8
Interpreters
9
The
Court’s Decisions
10
Custody
11
Sentencing
(what happens at the end)
12
Special
Measures
13
Awareness
1. Court Hearings
1.1 In all court hearings a child or
young person should feel safe and should be supported by at least one person
who is their parent, guardian or other trusted adult.
1.2 Every child or young person
should know what their hearing is about.
2. Rights of Children and Young People
2.1 All advocates appearing
in the Youth Court must be familiar with the United Nations Convention on the
Rights of the Child [‘the Convention’] which applies to all those who are under
18 years of age.
3. Speaking and Understanding
3.1 All advocates
appearing in the Youth Court must be familiar with the Advocates Gateway (www.theadvocatesgateway.org ) and the
advice it contains. In particular, advocates will adopt the style of speaking
and questioning advised both for children and young people in general and for
those with specific needs.
3.2 Every adult present in the
Youth Court must, wherever possible, use language which the child or young
person is likely to understand. Where this is not possible, the person speaking
must summarise what has been said in everyday language.
3.3 Everyone in the Youth Court
will use the child or young person’s preferred name, not their family name.
3.4 The advocate representing the
child or young person will explain the purpose of the hearing to them in
everyday language before the hearing begins.
3.5 The Youth Court will regularly
check the understanding of the child or young person and their parent(s).
3.6 Every child or young person
appearing before the Youth Court, and their parents, may speak directly to the
Court, should they wish to do so, at a time which the Court permits.
4. What
to Wear
4.1 Every person who comes to the
Youth Court should be dressed decently, tidily and cleanly. As a guide,
children and young people who are at school might wear their school uniform or
similar.
5. Where
to Sit
5.1 Every child or young person
should sit next to their parent(s), and, if possible, in front of their advocate.
A court official will show everyone
where to sit.
5.2 No child or young person should
be placed in the dock unless it is necessary for security, or other practical
considerations.
6. People
in Court
6.1 Article
27 (2) of the 2014 Law limits those who may be present in the Youth Court to:
a)
members
and officers of the Court;
b)
parties
to the case, their advocates and other persons directly concerned in the case
(including the child or young person’s parent(s) or supporter or social worker);
c)
representatives
of the accredited media; and
d)
any other persons specifically authorised by
the Court to be present.
6.2 Where any person under category
d) wishes to be present, they must make an application to the Court either in
writing to the Magistrate’s Court Greffier (MCG@courts.je) in
advance of the hearing, or verbally to the court official (Usher) on the day of
the hearing. The Court must be informed of the name of the person, their
connection to the case and why they wish to be present.
7. Lawyers
7.1 Every child or young person
appearing in the Youth Court is entitled to free legal representation under the
Legal Aid scheme.
7.2 The Centenier who charges or
summonses the child or young person to court must ensure that the child or
young person, and their parents are aware of the scheme and should encourage
them to make an application. The Centenier should not suggest that the child or
young person may rely upon the Duty Advocate.
7.3 The application for Legal Aid
may be made either by the child or young person themselves, or by the parent.
8. Interpreters
8.1 Where the child, young person
or parent appears to need an interpreter, the Centenier who charges or summonses
the child or young person must inform the Magistrate’s Court Greffe (MCG@courts.je) in
writing of the need for an interpreter (and in which language) at the earliest
opportunity.
9. The Court’s Decisions
9.1 All decisions the Court makes
will be explained to the child or young person in everyday language which they
are likely to understand.
10. Custody
10.1 No child or young person should
be sent to any form of custody except as a last resort and because there is no
other appropriate way of dealing with them. Holding a child or young person in
custody before they are found guilty or plead guilty should be avoided where
possible.
11 Sentencing (what happens at the end)
11.1 Unless the Court considers a Pre-sentence
report to be unnecessary, a background report will be prepared by the Probation
Service in every case before the child or young person is sentenced. This
report should contain a full assessment of the risk of reoffending and the risk
of harm that the child or young person presents to any person, group of people
or to the public. Alternatives to sending a child or young person to any form
of custody will be considered. This approach is consistent with Article 37(b)
of the Convention and Article 4 of 2014 Law.
12 Special Measures
12.1 The Court may order special
measures to assist a child or young person to give their best evidence or to
understand and take part in the case. These may be provided for both defendants
and witnesses.
12.2 All applications for special
measures shall be made and responded to at the earliest opportunity using the
prescribed forms.
13 Awareness
13.1 Every
child or young person appearing before the Court, and their parents, should be
made aware of this Practice Direction.