CLP 8 Youth Sentencing Flashcards
What sentences can be passed against a youth?
- fines
- Parenting order
- A referral order
- Youth rehabilitation orders
- Detention and Training Orders
What is the relevant age for youths?
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.
When is a ‘plea before venue’ held in the Youth Court
- Grave Crimes
- Tried with an adult
What are ‘grave crimes’
- 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.
When must a Parenting Order be made?
- Child under 16 court has a duty to make a parental order or parental bind over if desirable in the interests of preventing further crimes
- Child 16 - 17 - Court May make such an order
When can a Youth Referral Order be made
the court must be satisfied that the offence is “serious enough” to warrant it
In what circumstance is sentencing carried out by the Crown Court?
- Grave Crimes
- Dangerous Young offenders
- related offences
When is a Referral Order mandatory?
referral order is the mandatory sentence for youth who have
- first offence
- pleaded guilty
- imprisonable offence
When is a Referral Order discretionary?
- second (or later) conviction;
OR
- pleads guilty to the offence or a connected offence being dealt with by the court.
What are the minimum and maximum terms for a Referral Order?
- 3 months
- 12 months
When can the court not give a Referral Order?
if the sentence is fixed by law or the court proposes to impose a custodial sentence / hospital order
What happens if a Referral Order is Breached?
referred back to Youth Court who can
- take no action
- sentence
- pay a fine £2.5k
- extend length of Referral Order
Which Youth Rehabilitation Orders are ONLY available for 16 & 17 year olds?
- unpaid work
- residence requirement
When can YRO
- intensive supervision and surveillance
- fostering requirements
be used?
- imprisonable offense
AND
- custody threshold passed
AND
- 14 and below
AND
- persistent offender
When should a Detention and Training Order be used?
- punishable with imprisonment in the case of an adult;
AND
- so serious that neither a fine alone nor a community sentence can be justified.
What are the age restrictions on a Detention and Training Order?
- 10 or 11at date of conviction = Can’t
- 12-14 = persistent offender
What are the minimum and maximum terms for a Detention and Training Order?
- 4 months
- 2 years
The court should take account of the circumstances, age and maturity of the child or young person.
How much of a Detention and Training Order is spent in detention?
- first half in secure youth detention
- second half in the community under supervision.
What happens if a case warrants a Detention and Supervision Order of less than 4 months?
The case MUST result in a non-custodial sentence.
What is the minimum sentence for murder for a child?
12 years
When are extended sentences available to the Crown Court?
- the offender must be deemed dangerous.
When are life sentences available to the Crown Court?
- the offender must be deemed dangerous.
Can the Crown Court sentence a Referral Order?
No
