Summary
The latest version of the Youth Court Bench Book was published in January 2024. The recent updates relate to Case Management and include the October 2023 updates to the Criminal Procedure Rules.
Details
The Youth Bench Book provides guidance to magistrates who sit in the Youth Court. Supplemented by the sentencing guidelines, checklists and pronouncement cards, it aims to help magistrates make decisions in a fair and structured manner as well as support consistent training. It can also be referred to in Court. It was previously updated in May 2023 when it was amended to reflect:
- Changes to Youth Remand Provisions, Detention and Training orders, Youth Rehabilitation Orders and Youth Sentencing as introduced by the PCSCA 2022.
- Changes to the Victim surcharge
- Changes to Case management
- The renaming of the Youth Offending Team/Youth Offending Services to Youth Justice Services (YJS).
The most recent changes, however, are far more discrete and relate to Case Management. The changes include the following:
- Reference to Criminal PD 5.4.12.e in relation to assessing the provenance and reliability of the information contained in medical certificates. Although this provision relates to adults, its inclusion suggests that there will be greater scrutiny of medical evidence where it is relied upon to explain a young person’s absence from Court.
- Applications to vacate trials must be made promptly and in writing on the standard form and in advance of the date of the trial. It appears that as a general rule, applications will be considered administratively, however, parties must provide full and accurate information to the Court to enable it to assess where the interests of justice lie. This a change from the previous position that applications to vacate trial dates should only be granted after rigorous enquiry.
Commentary
The Youth Court Bench Book is an invaluable tool for all who represent children and young people in the Youth Court. It contains key information in one place which ranges from the layout of the Court room right through to modern slavery, assessing risk and ancillary orders.
Written by Sabrina Neves, Solicitor at GT Stewart Solicitors