CLP 8 Youth Sentencing

Question 1

What sentences can be passed against a youth?

Answer 1

• fines
• Parenting order
• A referral order
• Youth rehabilitation orders
• Detention and Training Orders

Question 2

What is the relevant age for youths?

Answer 2

age at date of conviction but if passed a threshold its unlikely that they would get a more serious sentence than the one they would have got when they committed the offense.

Question 3

When is a ‘plea before venue’ held in the Youth Court

Answer 3

• Grave Crimes
• Tried with an adult

Question 4

What are ‘grave crimes’

Answer 4

• Robbery
• GBH or Wounding with intent
• Aggravated Criminal Damage /
• Aggravated Arson
• sexual offences

If real prospect of 2 years then Crown Court otherwise remain in Youth Court.

Question 5

When must a Parenting Order be made?

Answer 5

• Child under 16 court has a duty to make a parental order or parental bind over if desirable in the interests of preventing commission of further crimes
• Child 16 - 17 - Court May make such an order

Question 6

When can a Youth Referral Order be made

Answer 6

the court must be satisfied that the offence is “serious enough” to warrant it

Question 7

In what circumstance is sentencing carried out by the Crown Court?

Answer 7

• Grave Crimes
• Dangerous Young offenders
• related offences

Question 8

When is a Referral Order mandatory?

Answer 8

referral order is the mandatory sentence for youth who have
- first offence
- pleaded guilty
- imprisonable offence

Question 9

When is a Referral Order discretionary?

Answer 9

• second (or later) conviction;

OR

• pleads guilty to the offence or a connected offence being dealt with by the court.​

Question 10

What are the minimum and maximum terms for a Referral Order?

Answer 10

• 3 months
• 12 months

Question 11

When can the court not give a Referral Order?

Answer 11

if the sentence is fixed by law or the court proposes to impose a custodial sentence / hospital order

Question 12

What happens if a Referral Order is Breached?

Answer 12

referred back to Youth Court who can

• take no action
• sentence
• pay a fine £2.5k
• extend length of Referral Order

Question 13

Which Youth Rehabilitation Orders are ONLY available for 16 & 17 year olds?

Answer 13

• unpaid work
• residence requirement

Question 14

When can YRO

• intensive supervision and surveillance
• fostering requirements

be used?

Answer 14

• imprisonable offense

AND

• custody threshold passed

AND

• 14 and below

AND

• persistent offender

Question 15

When should a Detention and Training Order be used?

Answer 15

• punishable with imprisonment in the case of an adult;​

AND

• so serious that neither a fine alone nor a community sentence can be justified.

Question 16

What are the age restrictions on a Detention and Training Order?

Answer 16

• 10 or 11at date of conviction = Can’t
• 12-14 = persistent offender

Question 17

What are the minimum and maximum terms for a Detention and Training Order?

Answer 17

• 4 months
• 2 years

The court should take account of the circumstances, age and maturity of the child or young person.​

Question 18

How much of a Detention and Training Order is spent in detention?

Answer 18

• first half in secure youth detention
• second half in the community under supervision.

Question 19

What happens if a case warrants a Detention and Supervision Order of less than 4 months?

Answer 19

The case MUST result in a non-custodial sentence.

Question 20

What is the minimum sentence for murder for a child?

Answer 20

12 years

Question 21

When are extended sentences available to the Crown Court?

Answer 21

• the offender must be deemed dangerous.

Question 22

When are life sentences available to the Crown Court?

Answer 22

• the offender must be deemed dangerous.

Question 23

Can the Crown Court sentence a Referral Order?

Answer 23

No