Examination Timing: 00H01M32S
You are at your local police station advising Harry Taylor, aged 14, who has been arrested on suspicion of burglary. You have obtained disclosure from the investigating officer, and everyone is now waiting for Harry’s mother to attend as appropriate adult. Harry lives with his mother, who is his sole carer. For the purpose of this question, assume that Harry is charged with the offence of burglary and he is bailed to attend his local youth court. He answers his bail and tells his legal adviser that he intends to plead guilty to the charge. In light of the above information and assuming that the court will deal with his case, which ONE OR MORE of the following represents the BEST ADVICE to give Harry about what is likely to happen when he and his mother appear before the youth court? I. As burglary is an either way offence, Harry will be asked to indicate his plea at the plea before venue hearing. II. If Harry pleads guilty, he will be made the subject of a referral order. III. If Harry pleads guilty, Harry’s mother is likely to be made the subject of a parenting order.
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Your selected option: A
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Although burglary is an either way offence, the plea before venue procedure does not apply in the youth court, making statement I incorrect. Given that Harry intends to plead guilty and has no previous convictions, the court is likely to make him the subject of a referral order, as this is a common non-custodial sentence for young offenders, thus making statement II correct. Additionally, since Harry is under 16, the court is likely to make his mother the subject of a parenting order if it deems it necessary to prevent further offending, especially considering Harry's previous interactions with the law, making statement III correct.
Key Point: This question assesses the procedures and potential outcomes in the youth court system for a young offender pleading guilty to an either way offence, emphasising the roles of referral orders and parenting orders.
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