New Standards in Certificates for Assigned Advocate
Groundbreaking Youth Court Guidance Sets New Standards: In a significant move to transform legal representation in youth courts, a groundbreaking guidance document has been published by the Youth Justice: Quality of Advocacy Working Group, aimed at increasing the appointment of experienced advocates for children facing serious charges.
This initiative promises to replicate the standard of representation seen in Crown Court, marking a fundamental moment in youth justice.
The Drive for Change: Groundbreaking Youth Court Guidance Sets New Standards
Youth courts, dealing with defendants under 18, often face complex and serious cases, requiring skilled representation. Historically, these courts have seen a prevalence of inexperienced lawyers representing vulnerable young defendants.
The new guidance, published in November 2023, seeks to address this gap by advocating for the increased appointment of both litigators and advocates (barristers or qualified advocates) in youth courts.
The guidance, drafted by Kate Aubrey-Johnson with support and endorsement by Chief Magistrate, Magistrate Association, Criminal Bar Association, Law Society, Youth Practitioners Association and Justices Clarks Society.
It is a response to the inconsistent and often inadequate legal representation of children in the criminal justice system.
It aims to ensure that children, particularly those charged with grave offences, are represented by experienced barristers who can provide continuity and expertise.
Main Insights from the Guidance
- Increased Need for Assigned Advocates: The document highlights the need for more frequent applications for certificates for assigned advocates in youth courts, mirroring the representation in Crown Courts.
- Addressing Inconsistencies: It sheds light on the inconsistent application and granting of certificates across different areas, underlining the need for uniformity in decision-making.
- Legal Framework and Applications: The guidance outlines the legal framework under the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013, detailing the process for applying for certificates for assigned advocates.
- Advocate Competency: Emphasis is placed on the competency of advocates, with the document referring to standards set by the Solicitor’s Regulation Authority and the Bar Standard Board.
Certificates for Assigned Advocate: Expectations on Youth Court Standards
Senior District Judge Paul Goldspring, Chief Magistrate for England and Wales, in his foreword, stresses the importance of skilled representation in youth courts due to the vulnerability of defendants and the complexity of cases.
The publication of this guidance is expected to lead to a significant increase in the appointment of experienced advocates in youth courts.
This move is not only seen as a way to ensure fair representation for young defendants but also as a step towards improving legal outcomes and reducing the likelihood of reoffending.
This guidance marks a transformative step in the legal representation of children in the youth court. By advocating for experienced and skilled advocates, the document aims to bring about a more consistent, fair, and effective youth justice system.
Legal professionals across the country are encouraged to embrace these recommendations, ensuring that every child facing serious charges in the youth court receives the representation they rightfully deserve.
