6.5 Youths - sentencing

Question 1

What is the relevant age for the purposes of deciding whether D should receive an adult or juvenile sentence?

Answer 1

D’s age at the date of conviction.

Question 2

What is a Detention and Training Order?

Answer 2

A custodial sentence for a person under 21 and over 11.

Question 3

When can a DTO be imposed on an 11 year old?

Answer 3

Only if she is a persistent young offender.

Question 4

What is the minimum length of a DTO?

Answer 4

Section 101 PCC(S)A

Four months

Question 5

What is the maximum length of a single DTO?

Answer 5

24 months

Question 6

What is the maximum aggregate DTO (not counting dangerous offenders and grave crimes)?

Answer 6

24 months

Question 7

What are the different DTO periods available?

Answer 7

4
6
8
10
12
18
24 months

Question 8

Can terms be aggregated to reach the minimum 4-month threshold for a DTO?

Answer 8

No.

Question 9

What if an offence warrants a 4-month DTO but D pleads guilty?

Answer 9

The credit for guilty plea takes the sentence below 4 months so no DTO can be imposed.

Question 10

What are the principal non-custodial sentences?

Answer 10

1.
Youth rehabilitation orders
2.
Referral orders 
3.
Reparation orders

Question 11

How long can a YRO be?

Answer 11

Anything up to 36 months

Question 12

How long can a referral order be?

Answer 12

Three to 12 months

Question 13

What is a referral order?

Answer 13

D must attend a young offender panel, draw up a contract of behaviour etc.

Question 14

When is a referral order compulsory?

Answer 14

Section 17(1) PCC(S)A
The compulsory referral conditions are satisfied if

D passes the custody threshold

D pleaded guilty

D has never been convicted of a previous offence

Unless the offence is so serious that a prison sentence is the only thing to do.