CUSTODIAL SENTENCES YOUTH OFFENDERS Flashcards

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1
Q

what does S.142 A of CJA 2003 set out?

A

The aim of sentencing for the Youth Justice system

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2
Q

What are the 4 different age points?

A

`18,16,14,12

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3
Q

Where are most youth offenders under age 18 usually dealt with?

A

Youth Court

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4
Q

How old are the Youth Offenders who can be sent to the Young Offenders Institution?

A

15-20

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5
Q

What is the minimum and maximum sentence available for Youth offenders sent to the Young Offenders Instituation?

A

min-21 days

max-the max allowed for the particular offence

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6
Q

What happens to an offender once they turn 21?

A

They are transferred to an adult prison

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7
Q

What Act governs Detention and training orders?

A

the Crime and Disorder Act 1998

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8
Q

What is the sentence period for a Detention and training order? (min&max)

A

min-4 months

max-24 months

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9
Q

Where are Detention and training orders held?

A

At a secure training centre

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10
Q

In a Detention and training order how much of the sentence is spent in custody&where else?

A

half, the other half spent in the community

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11
Q

How old must a Youth Offender be to be given a Detention and Training order?
-What is the exception?

A

12-21

-15 year old’s and under can only be made if they are persistent offenders

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12
Q

How have the courts been equipped in dealing with detention for serious offences?

A

the courts have an additional power

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13
Q

When can the additional power given to courts for serious crimes be used against 10-13year olds?

A

-When the crime committed carries a maximum sentence of at least 14 years imprisonment for adults

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14
Q

When can the additional power given to courts for serious crimes be used against 14-17year olds?

A

(When the crime committed carries a maximum sentence of at least 14 years imprisonment for adults)
-also if they cause death by dangerous driving while under the influence of drugs or drink

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15
Q

What age must the offender be to be held in Detention at Her Majesty’s Pleasure?

A

10-17 years

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16
Q

What offence must be committed to be held in Detention at Her Majesty’s pleasure?

A

Murder

17
Q

What type of sentence is the Detention at Her Majesty’s Pleasure?

A

This is an indeterminate sentence

18
Q

What does an indeterminate sentence allow?

A

An indeterminate sentence allows the offender to be released when suitable

19
Q

In a murder case in the Detention at Her Majesty’s Pleasure, what powers does the judge have?

A

The judge can recommend a minimum number of years that should be served before release is considered

20
Q

In a Detention at Her Majesty’s Pleasure, who sets the tariff?

A

The Lord Chief Justice