Loading...
Hello.
My name's Ms. Ikomi.
I'm a teacher from London and I'm going to be taking you through today's lesson.
Let's get started.
Today's lesson is called "How is the criminal justice system applied to young people?" It's part of the wider unit, "What is the law and how is it changed?" By the end of today's lesson, you will be able to explain the rights that young people have when arrested, the role of youth courts, and how sentencing works in youth courts.
Let's get started.
As we're going to be discussing some sensitive topics today, it's important we run through some ground rules before we get started.
The first of this is to listen to others.
It's okay to disagree with each other, but we have to make sure that we are listening properly before making any assumptions or deciding how to respond.
If we disagree or challenge the statement, it has to be against the statement, not the person.
We have to respect privacy.
We can discuss examples, but don't use any names or descriptions that identify anybody, including ourselves.
You can choose your level of participation.
Everyone has the right to pass.
That means to choose not to answer a question or join in a discussion.
We would never put anyone on the spot.
And last, no judgement.
We can explore beliefs and misunderstandings about a topic without the fear of being judged.
The keywords we're going to hear in today's lesson are rights, this means something that we are entitled to by law, and court, this is a formal legal institution where disputes are heard and resolved.
It's also where justice is administered according to the law.
We are also going to hear the word magistrate.
These are ordinary people who hear less serious cases or preliminary hearings for the more serious cases in local courts.
They work in criminal, family, and youth courts to ensure justice is served.
The last keyword is sentence.
This is the punishment that a judge or magistrate decides someone should be given after they've been convicted of a crime.
Keep an eye out for these keywords as we move through today's lesson.
We're going to start by discussing what happens if a youth is accused of a crime.
I'd like you to imagine the following scene.
Ella is 15 years old.
She is hanging out with friends in the local park when a police officer comes over and tells her she's been arrested for assault, as they suspect that she was involved in a nearby fight.
Nervous and confused, Ella is taken to the police car.
She's never been arrested before and wonders what happens next and what rights she has.
This is obviously a really scary situation for Ella.
Therefore, it's really important that she understands what rights she is entitled to if she ends up in a situation like this.
Everybody has rights that are protected by different laws.
Anybody who's been accused of a crime and arrested is still entitled to certain rights.
Have a think about what you think some of those rights might be.
Maybe you thought about free legal advice, meaning that you don't have to pay for someone to tell you what might be beneficial in that situation.
Telling someone where you are, for example, your parent or guardian.
Medical help.
If you are in a position where you are injured or unwell.
Seeing the rules that the police must follow, this is sometimes called the code of practise.
These rights also have to all be explained to you at the point that you are arrested or just after.
Other rights include, the police have to explain what crime they think you've committed and why you are being arrested.
They also have to tell you how long they can detain you for.
This is normally limited to a certain amount of time.
If you need an interpreter because you don't understand what they're saying, the police have to provide you one.
And if you're not British, you can tell the police if you want to contact your embassy or consulate so they also know where you are.
Let's check what we've done so far.
What must the police do when someone is arrested? Is it A, inform the person of the crime, the reason for arrest and how long they can be held.
B, explain the charges and provide details of the investigation before the arrest.
C, give the person legal advice and allow the person to contact their family immediately.
Or D, tell the person the crime they're accused of, but only if they ask straight away when they're arrested.
Pause your video and have a go now.
The correct answer is A.
Well done if you got that right.
The police can question suspects about the suspected crime and this will be recorded.
Although suspects don't have to answer, there might be consequences if they choose not to answer.
The police must read the following caution.
You do not have to say anything, but it may harm your defence if you do not mention anything when questioned that you later rely on in court.
Anything you do say may be given in evidence.
You might have heard something similar to this on television.
The police can hold someone for up to 24 hours before they have to charge them with a crime or release them.
For serious crimes like murder, they can apply to hold someone for up to 36 or 96 hours.
So this can look a little bit different depending on the crime that somebody is accused of.
If arrested under the Terrorism Act, someone can be held without charge for up to 14 days, because this is obviously a very serious potential offence.
Whilst all people have certain rights if they're accused of a crime, there are additional rights in place for young people who are under the age of 18 and also for vulnerable people if they're in this situation.
That includes, the police must try to contact a parent, guardian, or carer.
They must find an appropriate adult to be with you during questioning and searching.
This could be a parent, a guardian, a carer, a social worker, a family member who's over 18, or a volunteer who's over 18.
Other rights that young people have include that any interviews have to be tailored to their age and understanding.
That means that they're using language and words that you can understand.
There are stricter limits on how long and how often they can be questioned comparatively to adults, as it might be a more stressful situation.
The police have to regularly review their detention and ensure that there are additional checks to prevent unnecessary holding.
That means they can't keep people there if it's unnecessary.
Let's do another check.
True or false? Young people have the same rights as adults when arrested.
Pause your video and choose your answer.
Can you also have a think about why you've chosen your answer? The correct answer is false.
This is because young people not only have those rights, but they have additional rights comparatively to adults.
For example, the right to have an appropriate adult present during questioning, stricter limits on how long they can be questioned for, and regular reviews of their detention to make sure they're not kept there unnecessarily.
Let's put this into practise.
Remember our example from the beginning of the lesson? Ella, who has been arrested because the police suspect that she was involved in a nearby fight.
I'd like you to discuss with a partner, what rights does Ella have in this situation that an adult wouldn't automatically have? Pause your video and have a go at this now.
I asked you to discuss what rights Ella might have in her situation that an adult wouldn't automatically have.
You might have discussed some of the following.
Ella has different rights compared to an adult.
For example, she has the right to have an appropriate adult such as a parent, carer, guardian, or social worker with her during questioning and searching.
The police must also ensure that Ella's interview is appropriate for her age, meaning they must explain things in a way that she can understand.
The police also have to adhere, that means follow, stricter rules on how long they can question Ella for and how often.
Additionally, Ella's detention must be reviewed regularly to make sure she isn't held for too long without charge.
Well done if you included some of that in your discussion.
Next, we're going to think about what is a youth court.
All criminal law cases start in the magistrate's court.
Criminal law cases are cases that have broken specific criminal laws, thereby, they are the person against the state.
Magistrates court is a particular type of criminal court.
They usually deal with summary offences.
These are things that are a little bit less serious.
It might be things like minor theft, low-level assault, or driving offences.
They typically result in lighter sentences.
So that means things that are less serious, such as a fine, maybe a community sentence or a short custodial sentence.
A custodial sentence is where you are in the custody of the state, so it might be prison.
More serious offences are moved on to a higher court.
A youth court is a special type of magistrates court.
It deals with young people who are aged between 10 and 17 years old, who have been accused of breaking the law.
The reason that 10 is the youngest is because that is the age of criminal responsibility in the UK.
This is different around the world.
The main goal of a youth court is to protect the child and help stop them from committing crimes again.
A youth court has either three magistrates or a district judge.
There's not a jury, which can happen in adult courts.
In a youth court, magistrates hear more serious cases than in adult courts, such as theft, arson, and robbery.
If the case is even more serious, a district judge will hear it.
So we have different levels of this type of court.
The most serious cases, even if they involve young people, are still sent to the crown court.
For example, a young person must always go to crown court for a trial if they're charged with murder, charged with a gun crime that has a minimum sentence of three years and they're over 16, or involved in a serious fraud or child abuse case.
So there are exceptions to this idea of the youth court.
Let's check what we've done so far.
I'd like you to fill in the missing words in the following sentences.
Pause your video and have a go at this now.
Let's check our answers.
All criminal law cases start in a magistrates courts, which usually deal with summary offences like minor theft or low-level assault.
A youth court is a special type of magistrates court that deals with young people aged 10 to 17 years old.
The most serious cases such as murder are sent to the crown court.
Well done if you got those right.
A magistrate who works in adult courts can apply to be a youth court magistrate.
If they've got the right qualities, they can be chosen to join a group of youth magistrates in their local area.
There are 75 areas in England and Wales, each with a leader.
Youth court magistrates need to have extra training to work in a youth court.
This includes learning how to talk to children in court to make sure that they are speaking to them in a way that they understand.
Understand how learning or communication difficulties can affect children.
Make decisions about whether a charge should be kept in custody or given a sentence.
Focus on helping children rather than just punishing them.
And follow different court rules when working with children.
Youth courts don't operate in the same way as adult courts run.
This is why the magistrates need to have extra training.
Some differences between the two types of court include the fact that the court room is arranged so that the magistrates, lawyers, and children are all on the same level.
It's less formal.
People use first names rather than surnames.
Parents and carers are allowed to be with the child in the youth court.
Children can't be named or shown in the media.
Magistrates speak directly with the child, not just with their lawyer.
Extra checks are made to make sure that the child understands the proceedings as it's going on.
The court focuses on the unique needs of children who are still growing and developing, even if they've been accused of a crime.
All of these differences are there to support children, and hopefully, lend them to not offending again.
Let's check what we've done so far.
True or false? Youth court magistrates speak directly to the child in court, focus on helping them and ensure that children understand what's happening.
Pause your video and have a go at this now.
The correct answer is true.
Let's put this into practise.
I'd like you to read the statements below and tick the appropriate box.
The boxes start on the left by saying that I'm sure this is correct, I think this is correct, I think this is incorrect, and last, I'm sure this is incorrect.
The first statement is, all criminal law cases start in youth courts.
A youth court deals with young people aged 10 to 17.
Youth court magistrates must go through special training.
If a case is too serious for a youth court, it's sent to an adult magistrates court.
Pause your video and tick the appropriate box.
Let's check our answers.
For A, we should have said that this is incorrect because criminal law cases start in magistrates court.
For B, this one is correct.
We know that a youth court deals with young people who are between the ages of 10 and 17.
For C, this is also correct.
We know that youth court magistrates need extra training to facilitate the youth court.
And D is incorrect.
This is because if a case is too serious, it's sent to a crown court.
Well done if you got that right.
Next, let's read the following statements and decide whether they are correct or incorrect.
For any that are incorrect, I'd like you to rewrite them to make them better.
The first statement is all criminal law cases start in youth courts.
Next, a youth court deals with young people aged 10 to 17.
Next, youth court magistrates must go through special training.
And finally, if a case is too serious for a youth court, it's sent to an adult magistrates court.
Pause your video and have a go at this now.
We know that statements A and D were incorrect.
You might have rewritten them to say some of the following.
For A, all criminal cases start in magistrates court, not youth courts.
Youth courts only deal with cases involving young people aged 10 to 17.
D was also incorrect.
If a case is too serious for a youth court, it's sent to the crown court, not an adult magistrates court.
Well done if you got those right.
Last, we're going to think about whether sentencing is different in a youth court.
When someone's found guilty of a crime, they're given a sentence by the judge or magistrate who is in charge of the case.
There are five key aims to sentencing.
What do you think they might be? Have a think now.
The key aims, which we hope to get out of the sentence, are either to punish the offender, to reduce the crime, to reform and rehabilitate the offender, to protect the public, or to support reparation.
That means making amends with the person who has been wronged.
The Sentencing Council for England and Wales exists to ensure that there are fair and consistent sentences.
This means that people are getting similar sentences for the similar crimes.
One of their key roles is to issue guidelines on sentencing, which magistrates and judges must follow.
Sentences should be appropriate and match the crime.
Parliament also has an important role in this.
One of their jobs is to create laws that set the highest and sometimes the lowest sentences for crimes, then the magistrate or the judge would apply those laws.
Let's check what we've done so far.
Which of the following is true about sentencing in England and Wales? Pause your video and have a go now.
The correct answer is B.
The Sentencing Council creates guidelines to follow.
Parliament sets the highest sentences.
Magistrates in youth court follow special guidelines for sentencing young people.
This is different from adult sentencing guidelines.
Depending on the crime, the youth court can give different sentences like fines, orders to get help, such as a rehabilitation order.
This also might be known as a community order, or as a last option, custodial sentences.
This might look like spending time in the custody of the state, so maybe a juvenile detention centre.
When deciding on a sentence, the court has to think about lots of different factors.
They're trying to stop young people from offending, but they're also considering the wellbeing of the young person.
The young person's age and their emotional and development stage has to be considered.
How serious the crime was.
The chance that they might commit more crimes and the possible harm that might come from committing more crimes.
So they are weighing up the impact of sending that young person to do a sentence and thinking about society.
Sentencing guidelines for young offenders also highlight that it's important not to treat children and young people like criminals if it's not necessary.
The main goal of the whole youth justice system is to help take responsibility for young people and their actions, and support them in rejoining society, rather than just punishing them.
It's helping them to learn a really important lesson.
Let's put this into practise.
Fill in the missing words.
Pause your video and have a go at this now.
Let's check what the missing words were.
Magistrates in youth court can give sentences like fines or orders to get help, and as a last option, custodial sentences.
The court must consider the young person's age, their emotional and development stage, and how serious the crime was.
The goal of the youth justice system is to help young people take responsibility and join society again, rather than just punishing them.
Well done if you got those right.
Let's put this into practise.
I'd like you to read the scenario and answer the questions below in full sentences.
15-year-old Cameron has been found guilty of vandalising a local shop.
This is Cameron's first offence.
The youth court must now decide on a sentence.
The court needs to think about his age, the seriousness of the crime, and the best way to help Cameron stop re-offending in the future.
Pause your video and have a go at answering the following questions about Cameron's case.
I asked you to answer the following questions about Cameron's case.
Question one.
What is the main goal of the youth justice system when sentencing someone like Cameron? You might have said, the main goal is to stop Cameron from committing crimes again.
The court wants to help Cameron take responsibility and learn from the mistake, not just punish him.
Question two asked what type of sentence might the court give Cameron? The court could give Cameron a fine or make him do a rehabilitation order like community service.
Question three asked us to list two things the court must consider when deciding on Cameron's sentence.
We could have said, the court must think about how old Cameron is and how serious the crime was.
They also have to think about what will help Cameron stop re-offending.
Question four asked, why is it important not to treat young people like adults when it comes to sentencing? We could have said, it's important because young people are still learning and growing.
The court should help them change and not just punish them like adults.
Today we've been learning about how the criminal justice system is applied to young people.
We've learned that everyone has rights when arrested, but young people have extra rights like having an appropriate adult with them and being treated differently based on their age.
Youth courts deal with young people aged 10 to 17.
They focus on protecting young people and stopping them from re-offending.
Youth court procedures are different from adult courts with magistrates specially trained to understand and support young people.
Sentencing in youth courts aims to help young people stop re-offending and support their wellbeing.
Sentences are based on what's best for them with options like fines, rehabilitation, or custody used as a last resort.
That's the end of today's lesson.
Thank you for joining me.