SCOPE OF THIS CHAPTER
This agreement has been formulated in accordance with the National Standards for Youth Justice (Standard 6.2), between the three Youth Offending Teams in Sussex, the Sussex Police, the Premier Prisons Escort and Custody Service, the Crown Prosecution Service, the Area Director for HMCS and Director of Legal Services for HMCS Sussex on behalf of the Youth Court Panels of the Sussex area.
It is effective from 1st May 2006 and is subject to review annually or more frequently with the consent of all parties.
In this agreement ‘Court’ refers to any scheduled Youth Court in Sussex and ‘Court Duty Officer’ refers to the nominated representative of the Youth Offending Team.
RELEVANT LINKS
See the Youth Justice Board website.
Contents
- Inter-Agency Management
- Court Duty Services
- Administration
- Bail Support and Remand Management
- Pre-Sentence Reports and Other Reports
- Specific Sentence Reports
- Committal to Crown Court
- Remands and Custodial Sentences
- Enforcement
- Anti-Social Behaviour Orders
- Medical Reports
- Unforeseen Delays
- Court Facilities
- Equal Opportunities
- Magistrates' Training
- Post Sentence Reports
- Meetings
1. Inter-Agency Management
KEYWORDS: All Youth Offending specific terms, such as 'Stand-Down' or 'Pre-Sentence Report (PSR)' are defined in Keywords . To view the defintions click on the Keywords button at the top of this page.
| 1.1 |
The Head of Youth Offending Services is the first reference point for all operational matters, which may involve Staff or services provided by the YOT’s in Sussex. |
| 1.2 |
The Youth Offending Team Management Groups in East and West Sussex and the Responsible Authority Partnership in Brighton and Hove are the first reference point for policy development and strategic issues, which may involve Staff or services provided by the Youth Offending Teams in Sussex |
| 1.3 |
The nominated Divisional Legal Managers at the relevant Courts are the first reference point for all operational matters, which may involve Staff or services provided by the Sussex Magistrates’ Courts. |
| 1.4 |
The Assistant Director of Legal Services is the first reference point for policy development and strategic issues which may involve Staff or services provided by the Sussex Magistrates’ Courts. |
2. Court Duty Services
| 2.1 |
The Youth Offending Team (Y.O.T.) is committed to ensuring that a Court Duty Officer attends all scheduled Youth Court sittings. |
| 2.2 |
The Court Duty Officer will :
- Attend pre Court meetings before each scheduled Youth Court, as agreed in the Sussex combined criminal justice agencies Persistent Young Offender Action Plan. This is to ensure the effective scheduling of cases;
- Ensure effective monitoring of attendance at pre-Court meetings on pro-forma ( Appendix 1)
- Ensure that the Court, CPS and defence solicitors receive pre sentence and other reports in advance of the commencement of the Court. (by 9.15am for morning youth remand Courts and 2.00pm for afternoon youth remand Courts)
- Offer information and verbal up-dates on supervised young people in order to minimise delays;
- Offer advice to assist in process and sentencing;
- Undertake bail assessments and advise on suitability/availability of "bail supervision and support" programmes;
- Undertake Specific Sentence Reports and Stand Down interviews; (see Section 6);
- Act as link to the relevant authorities in the case of a remand to local authority accommodation or secure facilities;
- Advise and assist defendants and their families pre and post sentence;
- Advise on the availability of community alternatives to a secure remand, remand in custody and remand fostering.
|
| 2.3 |
Initially where a defendant requires the services of an interpreter, the police will make arrangements for one to be present at the first hearing, provided this is within two working days of the charge. Otherwise the Court shall undertake this responsibility. |
| 2.4 |
Where a Youth appears before an adult Court and a report is requested the YOT will be notified of any relevant outcomes by the Probation Service, or if no Probation or YOT. representative is in Ct, the Legal Adviser on the agreed form. This is particularly important following a trial. |
3. Administration
| 3.1 |
The most up-to-date remand Court list should be forwarded to the relevant YOT office at least two working days before the Court hearing and an ‘extras’ list should be faxed to the relevant office one working day before the Court hearing. |
| 3.2 |
In accordance with local protocols, the Local Authority Social and Caring Services have a responsibility to attend Court where a young person is accommodated by or in the care of the Local Authority. In such circumstances, the YOT will notify the relevant locality social services, but the YOT Court duty officers will not act as responsible adults |
| 3.3 |
It must be noted that part of the task of the Court Duty Officer is to record sentencing decisions on all cases. The assistance of both the Legal Adviser and the Prosecutor will be sought in making available relevant information to the YOT Court Officer on cases which may have taken place during the officers absence from the Court (whilst undertaking a Specific Sentence Report for example.) |
4. Bail Support and Remand Management
This section should be read in conjunction with section 4 and 5 of the West Sussex Inter Agency Protocol to promote effective practice dated Sept. 2003
| 4.1 |
Each of the Sussex YOT remand workers will provide all young people at risk of a remand to Custody, Local Authority Secure Unit or Local Authority Accommodation who are assessed as suitable, with a community bail/community remand supervision programme. |
| 4.2 |
The Remand Management workers will report back to the Courts either verbally or in writing, on the progress of each young person on the programme(s) at the next hearing the case is listed. |
| 4.3 |
Each of the Sussex YOT Remand Management workers will endeavor to assess all referred youth cases in the Magistrates Court, but this is dependent on resources and Staff availability. Normally where this is not available, telephone advice will be available. |
| 4.4 |
The Sussex YOT Remand Management workers are unable to provide support to young people on bail as a matter of routine. |
| 4.5 |
Where a bail support programme has been agreed by the Court, a copy of the bail notice will be supplied to the YOT remand worker. This will facilitate the efficient processing of any subsequent enforcement action that may be necessary. |
| 4.6 |
The Sussex YOT Remand Management worker or duty worker will telephone the relevant police custody suites daily to ascertain if any young people have been held overnight in custody either due to warrant, breach of bail or in view of the serious nature of the offence. |
| Court Assistance |
| 4.7 |
The Court Duty officer or the Court will notify the relevant Remand Management workers as soon as possible regarding any young person appearing, who is at risk of a remand to custody, secure accommodation or Local Authority accommodation (See the following procedures: Bails and Remands Procedure; Placement in Secure Accommodation Procedure) The YOT will also be notified of any young person arrested by the police and brought before the Court the same day. The relevant YOT will respond when there is a clear indication from the Court that without the intervention of the service, the young person will be so remanded. |
| 4.8 |
The relevant YOT Remand Management worker will respond within the Court session or within two hours, whichever is the longer. |
5. Pre-Sentence Reports and Other Reports
| Court Commitment |
| 5.1 |
Where the Court wishes to have a Reparation or Action Plan Report or a Pre-Sentence Report, either because it has in mind a Reparation Order, an Action Plan order, a community penalty or a custodial sentence, the Bench will:
- Identify clearly those young people who are classified as Persistent Young Offenders
- Indicate clearly which type of report or assessment is being requested;
- Assist the relevant YOT to maximise efficient use of resources by considering the type of report that best fits the anticipated outcome.
- Indicate the date for which it is required;
- Explain to all parties the reasons behind the request, including areas of concern and be clear what options the sentencing Bench might wish to consider. This will include a copy of the reasons given in writing when available.
|
| Youth Offending Team Commitment |
| 5.2 |
The Court will adjourn cases for pre-sentence reports within the recognised national standard time frame:
- Pre sentence reports for all PYO’s and youths in custody, where a Specific Sentence Report is not feasible, will be prepared within 10 working days
- For other persistent young offenders where a Specific Sentence Report is not feasible on the day, the Court will initially look at 10 working days for YOT to prepare such a report. In exceptional circumstances, the Court will consider up to 15 working days if pressure of work prevents the YOT from submitting a report within a shorter timescale.
- All other reports to be prepared within 15 working days (exceptions will be negotiated with the Court)
- For young people remanded in custody or to secure accommodation every effort will be made to prepare a report within 10 working days. (It should be noted that some remand placements can be a long distance from Sussex necessitating special arrangements).
- PSR’s should identify all relevant sentencing options (including Curfew and Attendance Centre Orders). If the Court have left all sentencing options open, such a report will also include consideration of Intensive Supervision and Surveillance if it is appropriate and there is time to do so. Alternatively, the Court may be asked to grant a longer adjournment to allow assessment for ISSP.
- At every Youth Panel Meeting the relevant YOT will provide an updated list of currently available reparation placements for the area.
|
6. Specific Sentence Reports
| 6.1 |
YOT Court Duty Officers will promote the use of a Specific Sentence Reports (SSR’s) where it is considered appropriate, i.e. for shorter Community Punishment Orders, Supervision and Community Rehabilitation Orders without conditions and Attendance Centre Orders, Action Plan Orders, Reparation Orders and Curfew Orders. For these reports to be prepared effectively, the following procedure will be followed:
- If the Court is unsure as to whether a pre sentence report is necessary or where it needs other information from the Court Duty Officer, the matter may be stood down for a short time to allow the officer to interview the defendant.
- If the Court Duty Officer assesses the case as suitable to stand down to prepare a Specific Sentence Report the Court will allow appropriate time for preparing the report. Normally up to two hours will be sufficient to facilitate the assessment, which usually involves the young person, their Parent/Carer and contact with partner agencies, where appropriate.
- Where it is not possible to complete the report before the Court rises, the case may be adjourned to the next available Youth Court for the report to be completed;
- All relevant information, particularly from the Prosecution Service, should be made available to the Court duty officer
- The Court duty officer will report back to the Court verbally or in the form of a short written report
|
| 6.2 |
Magistrates will receive regular reminders and training regarding the availability and use of SSR’s and verbal updates using recent reports. |
| 6.3 |
Legal Advisers will promote the use of SSR’s recognising the dual benefits of reducing delay and the better use of resources. |
7. Committal to Crown Court
| 7.1 |
A defendant committed to the Crown Court will be told by the Chair of the Bench or the Legal Adviser not to leave the precincts of the Court without having been seen by a representative of the Y.O.T. In the absence of such a representative, the Probation Service or failing this the Court, will arrange for information to be sent to the relevant Y.O.T. |
8. Remands and Custodial Sentences
This section should be read in conjunction with the West Sussex and Brighton and Hove Inter-Agency Protocols to promote effective practice.
Remands to local authority Accomodation
| 8.1 |
If a young person is remanded into local authority accommodation they are Looked After under the terms of the Children Act 1989. The Court Duty officer will liaise as necessary with the relevant agencies to arrange a suitable placement. |
| 8.2 |
When a young person is remanded to local authority accommodation and is placed back at Home the Remand Management service will provide a community based support programme if appropriate” (This is a requirement of National Standards). |
| 8.3 |
The Court are required to consult with the Remand Management service or YOT Court Duty Officer prior to remanding a young person to local authority secure |
Court ordered secure remands
This section should be read in conjunction with the West Sussex and Brighton and Hove Inter-Agency Protocols to promote effective practice.
| 8.4 |
Once the Court have remanded the young person to secure accommodation the prisoner escort service have no power to detain the young person in the cell area. In West Sussex these young people are the responsibility of the Social and Caring Services, who are responsible for finding a placement and organizing and paying the secure escorts. In Brighton and Hove and East Sussex, this is a YOT responsibility. Once the decision is announced, until the escort arrives to remove the young person to the secure placement, he/she is in the custody of the relevant YOT/Social Services representative. Where possible they will be held in the cell area by agreement with the prisoner escort service. |
| 8.5 |
The Remand Management service or YOT Court duty officer will contact the secure placements booking service at the Youth Justice Board to enquire about a suitable placement and report back to the Court |
| 8.6 |
A member of YOT or the Remand Management service will complete a bail ASSET and a Post-Court report to assess and record any issues concerning vulnerability (where appropriate). ASSET is a comprehensive assessment tool used by YOT to identify the young offenders criminogenic needs. The Court should allow sufficient time for these duties to be carried out before the young person is remanded and escorted to the secure unit as the paperwork accompanies the young person to the secure unit |
Remands in custody
| 8.7 |
Prior to the Court deciding to remand a young person to local authority accommodation, secure accommodation, or custody the YOT should be contacted to determine whether a bail support programme, might be appropriate. This will also give YOT Staff time to investigate the availability of a secure placement. The Court should ensure that the YOT are notified about the remand and that the young person does not leave the Court without permission. |
| 8.8 |
The Remand Management service or YOT Court duty officer will contact the secure placements booking service at the Youth Justice Board to establish the prison institution to which the young person will be remanded. |
| 8.9 |
A Post-Court report and vulnerability assessment must be undertaken by the Remand Management service or the YOT Court Duty officer when a young person is remanded in custody. The Prison Escort service should allow sufficient time for the paperwork to be completed before the young person is transported to custody. |
Sentenced to Detention and Training Order
| 8.10 |
Arrangements for sentenced young people are virtually the same as for those remanded to secure accommodation or custody as above. If a custodial sentence is expected a member of YOT will fax the placement booking form to the Youth Justice Board. Again, the Court should be mindful of the need to list cases to allow sufficient time for the paperwork to be completed before the young person leaves the Court. |
9. Enforcement
| 9.1 |
If it is decided to initiate breach proceedings then depending on the nature of the breach and the extent to which the whereabouts of the offender are known, a YOT officer will apply for a Summons or a Warrant. The YOT officers will provide relevant information to the Court Warrant Officer about a young person, especially concerning any risk factors, to ensure that warrants are executed effectively and safely. |
| 9.2 |
The Y.O.T. is responsible for commencing proceedings in respect of a Young Persons failure to comply with Orders or community bail/remand programmes within the time frame prescribed by the National Standards. If the Court revokes the Order with a view to re-sentencing, the prosecution of the original offence is the responsibility of the Crown Prosecution Service, assuming (as is likely) that the original offences were Police proceedings. The YOT will ensure that on revocation of an order, information is available to the Court for immediate re-sentencing. In these circumstances, the YOT will contact the Crown Prosecution Service in advance to reduce any delays. |
| 9.3 |
The Youth Justice Board target for Community Penalty Breach proceedings is that they should take, on average, no longer than 35 working days from the relevant failure to comply to the resolution of the case. 50% of all breach proceedings should be resolved within 25 working days. The return date for a summons will normally not exceed 10 working days from the date of issue. Where the breach is of an Intensive Supervision and Surveillance condition the return date will not normally exceed 6 working days. |
| 9.4 |
The presumption will be that the Court will proceed on the first occasion to decide whether the order has been breached. An Officer of the Y.O.T. will present the case using a Statement of Facts prepared by the case Supervising Officer. |
| 9.5 |
If the breach is denied the Court should adjourn to a date for trial. The Y.O.T. Supervising Officer will liaise with the County Solicitor regarding representation. |
| 9.6 |
If the breach is proved the Court will either sentence for the breach and allow the order to continue or revoke the order with a view to re-sentencing for the original offence(s). The Y.O.T. presenting officer will be able to advise the Court on the current situation regarding compliance and the Supervising Officers view of likely future co-operation. If the Court is considering re-sentencing for the original offence, the YOT will liaise with the Crown Prosecution Service regarding the presentation of the facts of the original case. If the Court subsequently decided to re-sentence for the original offence, the order will be revoked immediately beforehand. |
| 9.7 |
When a young person is arrested on warrant not backed for bail and this requires the attendance of a prosecuting officer from the Y.O.T. to attend a non-scheduled Court, the Y.O.T. recognize the importance of being represented at such a hearing and will attend whenever possible. |
| 9.8 |
In the case of young people in breach of community/bail/remand programmes the Remand Management Service officer will complete a Statement of Evidence and forward this with a copy of the bail notice to the relevant Criminal Justice Unit of Sussex Police (or if known, the officer in the case) |
| 9.9 |
When a young person is arrested for breach of a community bail/remand programme a member of the Remand Management Service or YOT Court Duty officer will endeavour to attend the Court to advise the Court on the breach and provide information on the suitability of the young person to continue the programme. Where they cannot attend Court, advice can be provided via the telephone. |
10. Anti-Social Behaviour Orders
| 10.1 |
When the Court receives an application for an Antisocial Behaviour Order on a young person under the age of 18 years (s 1AA Crime and Disorder Act 1988), the Court will notify the YOT that it has received the application and when it will be heard. (s2 of the act requires the relevant authority to consult each other relevant authority before making the application and YOT should already be aware of the likelihood that such an application would be made). |
| 10.2 |
If the Court make an Anti Social Behaviour Order it must also consider whether the conditions for making an Individual Support Order are fulfilled. To assist the Court in deciding whether or not to make an Individual Support Order, the YOT will provide a brief report in writing, stating whether such orders can be provided in the area in which the Young Person normally resides, whether they are already subject to such an Order and expressing an opinion about whether it would be desirable to make such an order, in the interests of preventing a repetition of the behaviour that lead to the Anti Social Behaviour Order being made. To enable the YOT to carry out this task it will be necessary for the matter to be adjourned for enquiries to be made and a Specific Sentence Report provided. |
| 10.3 |
If the Court make and Anti Social Behaviour Order in respect of a young person who is under the age of 16 years it must also make a Parenting Order if the necessary conditions are fulfilled i.e. that such orders can be provided in the area in which the young person normally resides, whether the Parent is already the subject of such a Parenting Order or not and that YP has engaged or is likely to engage in criminal conduct or anti social behaviour. To assist the Court in deciding whether or not to make such a Parenting Order, the YOT will provide a ‘Parenting Assessment’ report. To enable the YOT to carry out this task it will be necessary for the matter to be adjourned for 15 working days to enable the necessary enquiries to be made. |
11. Medical Reports
| 11.1 |
When a medical report is required to assist in the processing of a case, the costs will be awarded out of central funds if requested by the Court, or claimed through the Legal-Services Commission if requested by the defence advocate. |
| 11.2 |
When the Court wish to consider a Psychiatric Report, the Court Duty Officer will first refer the matter for initial screening to the YOT Clinical Nurse Specialist who will determine whether a full report is necessary. The initial adjournment would be for three weeks (Two weeks if the young person is a PYO). If full reports are required the case will be adjourned for a further period which would normally be within fifeteen working days. |
12. Unforeseen Delays
| 12.1 |
Court Staff and Y.O.T. Staff will do all they can to ensure that individual proceedings are not delayed unnecessarily. |
| 12.2 |
Occasionally, however, unforeseen delays may arise in the preparation of a report (e.g. an unexpected complexity arises, accurate previous convictions are unavailable etc.). In such cases, the Court will be notified at the earliest opportunity. The Court Duty Officer will report the facts and will seek a further adjournment or other advice as to how to proceed. Where the matter has been adjourned on the application of the Y.O.T., the Y.O.T. will be responsible for informing the defendant, their Parents/Carers, their legal representative and the Prosecution Service. |
13. Court Facilities
| 13.1 |
The Court Duty Officers will have access to an interview room and to a telephone, photocopier and FAX at all scheduled youth Court sittings. Court Duty Officers will seek to ensure that the need to use Court photocopying is kept to the minimum and is in connection with proceedings before the Court. In those circumstances, no charge will be made by the Court |
| 13.2 |
The Court will ensure that appropriate facilities are available for victims and witnesses to attend and participate in Court processes free from the fear of intimidation or interference. The Court Duty Officer will be responsible for advising the Legal Adviser regarding any sensitivity issues relating to victims or witnesses by the Pre-Court meeting at the latest. |
| 13.3 |
As far as practicable, the Court will ensure that there are waiting areas for children and young people separate from that for adults when a Youth Court is running alongside an Adult Court. |
| 13.4 |
Y.O.T. Court Duty Officers, the Legal Adviser, the Prosecution Service and the Youth Case Progression Officer will attend the pre-Court meeting no later than 30 minutes before a scheduled morning Youth Remand Court is due to commence and 15 minutes before a scheduled afternoon Youth Remand Court. Pre-Sentence, and other Reports will be available to the Court, advocates and defendants at that time. |
14. Equal Opportunities
| 14.1 |
There is a duty on all parties engaged in the Youth Justice System to operate in a way that is free of discrimination on any ground. Each party/agency has its own Equal Opportunities Policy.(Please see attached) If discrimination is reported arising out of proceedings in which both the Court and the Y.O.T. are involved, the incident will be discussed by the Director of Legal Services and the Y.O.T. Manager. Reference may be made to the Chief Officer of each organisation involved in matters that prove difficult to resolve. |
15. Magistrates' Training
| 15.1 |
Y.O.T. Staff will contribute to the training of sentencers by providing input to introductory sessions for new Magistrates. |
16. Post Sentence Reports
| 16.1 |
The Sussex YOT’s have agreed to provide the Court with information on the success, or otherwise, of sentences passed in the Youth Court. This will be a regular item on the agenda for Youth Panel meetings and the Youth Court User meetings. This information will not identify individual young people. |
17. Meetings
| 17.1 |
The Youth Panel Magistrates for each area will meet at least twice a year. The Y.O.T. Manager and/or Team Staff will be invited to attend these meetings and will be encouraged to contribute to the agenda. |
| 17.2 |
The Y.O.T. Team Manager, Senior Staff Team and senior management from the partner services will support and attend the County Meetings of Chairmen of the Youth Panels. |
18. Youth Offending Team Staff (and seconded students) Training
| 18.1 |
Magistrates and Court Staff will contribute to the induction training of relevant Staff and make Court premises available, where possible, for training activities such as breach role-play. |
THIS CHAPTER IS ADOPTED BY :
Dave Weston Area Director Sussex HMCS
Philip Vahey, Director of Legal Services
Mike D Thomas, Head of Youth Offending Services, West Sussex
John Hawkins, Head of Youth Offending Services, East Sussex
Nigel Lewis, Head of Youth Offending Services, Brighton & Hove
Sarah-Jane Gallagher, Chief Crown Prosecutor, Sussex.
Richard White, Manager, Premier Prison Service.
End
