Juvenile criminal law

Single hearing before the juvenile judge

A juvenile judge combines guilt and sentencing only as an exception, through a reasoned decision made after hearing the parties.

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An exception to the three-stage procedure

The ordinary procedure has a guilt hearing, educational probation and then a sentencing hearing. As an exception, the juvenile judge may omit the intermediate period and decide guilt followed, only if guilt is established, by sentencing on the same day.

The judge sits alone in chambers, not as the collegiate juvenile court. The word ‘single’ describes the combination of two decisions; it does not reduce the child’s defence rights or the requirement that the child have a lawyer.

Conditions the judge must verify

The judge first receives the parties’ submissions. A single hearing requires a reasoned ruling that the court has sufficient information about the child and that educational probation is unnecessary in light of the offence and the child’s personality.

A criminal penalty is available through this route only if the file contains a report less than one year old linked to a previous educational measure, educational investigation, security measure, finding of guilt or penalty. This specific test sits alongside the ordinary rules on age, jurisdiction and available penalties.

What happens on the day

Guilt remains the first issue. The judge hears the parties on the allegations and evidence, and an acquittal ends the criminal case. If guilt is established and the judge adopts the single-hearing route, the court then moves directly to educational circumstances, the prosecutor’s submissions, the victim’s claim and the available sanction.

The child, counsel, prosecutor, legal representatives, civil party and others summoned participate according to their roles. Combining the stages does not permit personal-history material to be treated as proof that the child committed the alleged acts.

The judge’s powers remain limited

A single hearing does not make a penalty automatic. If guilt is established, the judge may impose an educational sanction; a penalty requires the recent report specified by Article L. 521-2, the general statutory conditions for children and the limits on the juvenile judge sitting alone.

If the file is incomplete or educational observation remains useful, the ordinary procedure remains available. A case that is not ready for judgment can also be adjourned rather than deciding both guilt and sentencing prematurely.

Preparing two issues for one date

Build one set of materials for the allegations: chronology, statements, physical or digital evidence and the points accepted or disputed. Keep personal material separate: educational reports and their dates, education or training, relevant health information, family circumstances, compliance and future plans.

Counsel should check whether any report relied on to permit a penalty meets the statutory category and is less than one year old. The child should understand that the court addresses the allegations first and discusses personal progress and sanction only after a finding of guilt.

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Frequently asked questions

Must the summons always say that this will be a single hearing?

Not necessarily. Under Article L. 521-2, the judge may decide at the hearing to combine guilt and sentencing after receiving the parties’ submissions. The summons matters, but counsel should also identify the procedural basis discussed and the judge’s reasoned ruling.

Can the judge decide that educational probation is still needed?

Yes. If the single-hearing tests are not met or a period of observation remains useful, the ordinary procedure keeps guilt and sentencing separate. A single hearing is a reasoned option, not a compulsory outcome.

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