Crime Young People

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Under schedule 3 of the Criminal Justice Act 2003, an Offence committed solely by a Juvenile, a Juvenile being a young adult aged 10-17, will commence in the Youth Court. Max Greentree is categorised as a Juvenile because he is of the age of 15, however the crime has not been solely committed by him therefore his trial would not commence in the Youth Court. If a Juvenile is charged jointly with an adult the case inaugurates in the Magistrates Court the usual way.

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The magistrates then will have to decide if the two defendants should be kept together or if the adult should be dealt with in Magistrate’s Court and the young person in the Youth Court. The adult will determine jurisdiction throughout the trial process until sentencing where the case MAY be remitted to the Youth Court. “Where a youth offender is jointly charged with an adult, the charge shall be heard in the adult magistrates court: Section 46 (1) CYPA 1933.” [1]

What factors will the court take in consideration when considering whether to grant bail to Max Greentree whilst awaiting trial? On the facts stated above, conclude your answer to this question by indicating whether you consider he will be granted bail and why.

The Bail Act 1976 applies to juveniles. The Bail Act 1976 states the criteria for granting and refusing bail. There is always a presumption that the offender has a right to bail. However there are some exceptions. The court is obliged to consider the interests of the youth which is stated under section 44 Children and Young Persons Act 1933 [2] . In deciding whether to grant Max Greentree bail and impose any conditions on the bail the court will consider his previous convictions. Max has previously been convicted of taking a bicycle without permission where he pleaded not guilty. The court if made aware of this conviction could possibly deny him bail under the Bail Act 1976 or impose conditions on his bail. In addition to the conviction he also has a reprimand for shoplifting this also if brought to the attention of the court may affect his chances of receiving bail. He has a previous charge of theft of a leather jacket however; he failed to attend an appointment with the youth offending team and failed to attend sentencing. Based on his previous convictions, bad attendance record and his apparent dishonest character there appears to be an extensive bad previous history which most probably will negatively affect his right to bail. The only factor which could positively affect his right to bail is his family ties. The family he has consist of his parents and his two siblings this would look good as it shows that he has connections which could keep him under guard.

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