CLP Youth sentencing Flashcards
Structure overview of application
- State the offence
- Remind the court of overarching sentencing principles
- Seriousness, culpability and harm
- Sentencing guidelines - the Sentencing Children and Young People are the definitive guidelines
- Identify starting point, range of sentences and thresholds
- Address aggravating and mitigating factors
- If multiple offences, refer to totality principle and concurrent sentences
- If guilty plea, remind the court of mitigation (reduction for guilty plea)
- Propose appropriate sentence
- State the offence
a) Appearing on behalf of the defendant: prosecution has already submitted that it is a Category [1] offence due to…
- either dispute / do not dispute the category
- Remind the court of overarching sentencing principles
The court should consider:
a) principal aim to prevent re-offending
b) welfare of child/young person
c) age of child/young person
d) seriousness of offence
e) likelihood of re-offending
- Seriousness, culpability and harm
a) The sentence must be proportionate to the seriousness, considering culpability and harm
a. Culpability: extent of young person’s role, awareness of action and consequences
b. Harm: level of physical and psychological harm to victim, extent of damage / loss
b) Reminder to the court: while seriousness of the offence is the starting point, the approach to sentencing should be individualistic and focused on child or young person
- Sentencing guidelines - Sentencing Children and Young People are the definitive guidelines
a) the court MUST follow sentencing guidelines which are relevant to offender’s case
b) what category of offence
c) set out an appropriate range of sentence based on (1) greater culpability & harm; (2) greater culpability and less harm / vice versa; (3) less culpability and harm
d) Guidelines then provides starting point & range for each category
- Identify the starting point, range of sentences and thresholds
a) Starting point for the offence is… but the bracket does range
b) Range of sentences:
i) for a specific type of offence?
ii) non-custodial - discharge, fines, referral order, youth rehab order
iii) custodial - detention and training order
c) Thresholds:
a. Not pass custodial sentence unless offence was SO SERIOUS that neither a fine alone nor community sentence can be justified
b. Not make a community order unless offence SERIOUS ENOUGH to warrant order
What are the non-custodial / custodial sentences for youths
Non-custodial:
- discharge (absolute / conditional)
- fines
- referral order
- youth rehab order
Custodial:
- detention and training order
- Address aggravating and mitigating factors
a) Common aggravating factors
b) Common mitigating factors
How to introduce factors: I understand the court may be concerned with the presence of aggravating factors… it must be acknowledged that…
- If multiple offences, refer to the totality principle and concurrent sentences
When sentencing for more than one offence, a court must consider what total sentence should be and arrive at one that is just and proportionate
a) Concurrent sentence: offences arising out of the same events
b) Consecutive sentence: offences arising out of separate events
- If guilty plea, remind court of mitigation
a) First stage of proceedings (normally at First Hearing at which plea / indication is sought) = max 1/3 off
b) After first stage = max 1/4 off
c) On day of trial = max 1/10 off
- Propose appropriate sentence
a) Custodial sentence is LAST RESORT for all children / young people
b) Absolute or conditional discharge, orders against parents and reparation orders for lease serious offences
c) Financial orders (fines)
d) Referral orders
e) Detention and training orders (custodial sentences)
f) Youth rehabilitation orders (community order)
What is a referral order?
The offender must attend meetings of a youth offender panel & comply with programme of behaviour
- Only for a guilty plea
- Min 3 months
- Max 12 months
- Mandatory: this is the mandatory sentence in the Youth Court or magistrates’ court for most young people who have committed an offence for the first time and have pleaded guilty to an imprisonable offence
- Discretionary where: offender on a second / later conviction and/or offender pleads G to an offence/connected offence (which is punishable by imprisonment)
- Cannot be given where: sentence is fixed by law, court feels an absolute/conditional discharge is justified, making hospital order, custody is only correct disposal
What is a detention and training order?
This is a custodial sentence –> where offence is SO SERIOUS that neither a fine nor community order can be justified
- Statutory threshold has been passed
- Not anyone aged 10/11 or 12-14 unless PYO. Max 24 months, min 4 months. Consecutive DTOs can be imposed up to aggregate of 24 months. Can be imposed by CC.
- Community alternatives include intensive supervision/surveillance, fostering requirement
- Possible long-term detention for grave crimes
- Dangerous offenders can be sentenced to extended detention/detention for life
- Min 12 years mandatory sentence for murder
- Detention in young offenders institution for 18-21
What is a youth rehabilitation order?
It is a community order –> equivalent to suspended sentence for an adult
- Court must be satisfied that the offence is ‘serious enough’
- Possible requirements include: activity, supervision, unpaid work, programme, prohibited activity, curfew, residence requirement
- Unpaid work & residence requirements for 16 and 17 y/o only
- Intensive supervision and surveillance and fostering requirements can only be imposed if offence is imprisonable AND custody threshold has been passed (if under 15, must be PYO)
What is a persistent young offender?
3 findings of guilt in 12 months for imprisonable offences
What are the limitations on sentences for Youth under 15?
Cannot be given youth rehabilitation order with supervision or fostering or detention and training order, unless they are PYO
