The right to a fair trial requires a child to participate effectively in proceedings. The childs age, level of maturity, intellectual and emotional capacity is taken into consideration. Steps must be shown to promote ability to understand and participate in proceedings.
Reasonable adjustments must be made to enable participation in the plea and trial process. There is a duty to adapt normal trial procedures to facilitate their effective participation.
Removal of wigs and gowns
Appointment of intermediaries
Presence of family members
Special Measures
R (on the application of TP) v West London Youth Court [2005] EWHC 2583
Minimum requirements for a fair trial for children with learning difficulties
child understands what the alleged wrongdoing is
court satisfied that the child knows the act or omission was wrong at the time
child understand defences available
child has reasonable opportunity to make relevant representations
consider what representations to make once understanding the issues involved
Child participation by live link is found through criteria being met at Section 33A Youth Justice and Criminal Evidence Act 1999.
Measures for effective participation:
cognitive functioning mind
concise and simple language
regular breaks
additional time to explain proceedings
proactive
understanding of the elements of charges
possible outcomes and sentences
frustration is minimised
When a trial will take place?
Evidence of what the child is said to have done and the behaviour on arrest / interview. Medical evidence. Direct exchange in court between the District Judge and the child. The court must consider steps which can be taken to ensure a fair trial and efficacy.
Bail and Remand:
The presumption of bail in the Bail Act 1976 applies to children as well as adults.
Application for a remand to youth detention accommodation can only be made when all the alternatives have been considered. It was inadequate to protect the public from serious harm or prevent the commission of further offences. Remand application will cover why bail conditions cannot address the issues raised. What alternatives have been explored or discussed and other information about the child.
Sentencing:
Section 44 Children and Young Persons Act 1933
Section 37 Crime and Disorder Act 1998
Definitive guideline for sentencing children and young people
R v ZA [2023] EWCA Crim 596 - the court of appeal set out a checklist for counsel and courts to follow when sentencing children and young people. Court emphasis on the need to regard applicable youth specific sentencing guidelines. Consider the Criminal practice directions before determining a sentence.
Until the next Legal Thought,
Elicia Maxwell
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