About The Youth Court
The Youth Court deals with criminal cases involving young people from the ages to 10 to 17, albeit 10 and 11 year olds are rarely dealt with. The Youth Court is formed by the Magistrate, Assistant Magistrate or a Relief Magistrate sitting with two members drawn from the Youth Court Panel. The constitution of the Youth Court and its powers are set out in the Criminal Justice (Young Offenders) (Jersey) Law 2014.
Most criminal justice for young people takes place at Parish Hall Enquiry. Only when charges are too serious for Parish Hall Enquiry, or the young person has already attended a Parish Hall Enquiry on numerous occasions, would the young person appear before the Youth Court. The Youth Court is the first Court of the criminal justice system for young people in Jersey.
Aims and approach of The Youth Court
In all hearings in the Youth Court a child or young person should feel safe and be supported in court by at least one parent or guardian. Every child or young person should know what their hearing is about. Everyone who speaks in the Youth Court uses everyday language that a child or young person is likely to understand and the Youth Court will check the understanding of the child or young person. Everyone uses the child or young person’s preferred name. Every child or young person appearing before the Youth Court, and their parent or guardian may speak directly to the Court should they wish, to at a time which the Court permits. Unlike the adult remand court, no robes are worn in the Youth Court and a young person does not stand in the dock.
The Youth Court encourages young offenders to acknowledge the consequences of their actions. It reinforces the responsibility of parents and guardians in guiding the child or young person away from their offending behaviour.
Powers of The Youth Court
The Youth Court considers the needs of victims and society alongside those of the young offender. The Youth Court aims to rehabilitate the young person and their welfare is always a primary consideration.
The Youth Court’s maximum sentence is 12 months youth detention, which is also the maximum sentence which can be imposed by the Royal Court. Sentences of youth detention are rare and are imposed in exceptional circumstances. The Youth Court may impose a fine, which in certain circumstances is the responsibility of the parent or guardian to pay. The orders available to the Magistrate sentencing an adult can be imposed. For instance Probation Orders or Binding Over Orders might be handed down and might include elements of restorative justice or attendance on the Positive Steps Programme.
Who's who in The Youth Court
The Youth Court is presided over by 3 people, a Magistrate and two Youth Court Panel members. Decisions are made jointly by the Youth Court Panel; the Magistrate directs panel members on the law. Sometimes the Magistrate may sit alone.
Court officials
The Youth Court is assisted by the Magistrate’s Court Greffier and by the Viscount’s Department.
The Magistrate’s Court Greffier is the clerk to The Youth Court who is assisted by a team of Greffiers to carry out administrative and support functions before, during and after the Court sits. The Magistrate’s Court Greffiers ensure that all cases are recorded accurately; they assist the Court by preparing directions and orders. The Magistrate’s Court Greffiers are a source of advice with respect to the administration of the criminal justice process in accordance with relevant procedures pursuant to the law, the rules and practice directions. All communication with the Court must be sent via e-mail to the Magistrate’s Court Greffier at mcg@courts.je.
The Viscount’s Department provide an executive office function to the Magistrate’s Court. This means that they enforce the orders made by the Court. For instance, the Viscount’s Department will collect fines.