Legal Aid

Youth Court indictable only offences will still be be paid for.

PUBLISHED October 25, 2011

The MOJ has confirmed that Youth Court indictable only offences will continue to be paid for.

The Funding Order will be amended, & the LSC will consult shortly with the representative bodies on a change to the Contract to make this clear. 

In a written response to the Law Society, the MOJ confirmed: 

?The position is that there was no intention to remove payments for Youth Court guilty pleas on indictable only offences. 

The Youth Court has jurisdiction to hear what are usually indictable only offences (apart from murder) and the presumption is that they will deal with them unless the court thinks it's sentencing powers are likely to be insufficient.  Therefore, most indictable only offences are, in effect, either way so far as the Youth Court is concerned.  The LSC will treat guilty pleas in the youth court (to offences that are indictable only so far as adults are concerned) in the same way as either way cases and make payment accordingly.

We shall amend the Funding Order in due course to put the position beyond doubt. The LSC shall consult with the representative bodies about making appropriate amendments to the contract to reflect the position highlighted above?.