Young Offenders

Question 1

Young Offenders

Answer 1

• Young Offender is anyone aged 10-17
• S.142 CJA 2003: Main Aims of Sentencing are Reform and Rehabilitation
• Under 18s dealt with in Youth Court; unless Murder, Manslaughter, Rape or they are over 14 and have committed any offence an adult would get 14+ years for

Youth Court:

• Not open to public, More Informal, Limited access to press etc.
• Thompson + Venables v UK: ECHR said breach of Article 6 HR to try youths in adult courts because it is intimidating
• S.57 PACE: Entitlement to appropriate adult accompanying them

Question 2

Pre-Court Sentences

Answer 2

Police Reprimand:

• Formal Warning given by Police, for 1st Offence
• Youth must admit Guilt
• Optional programme run by Youth Offending Team

Final Warning:

• 2nd Offence
• Youth must admit Guilt
• Compulsory programme by YOT, addresses behaviour

Question 3

First Tier Sentencing

Answer 3

Referral Order:

• SS.16-28 Powers of Criminal Courts Act 2000
• Offender must plead Guilty
• Youth Offending Panel draw up a contract for 3-12 months and address the causes of the offending behaviour

Reparation Order:

• SS.73-75 POCCA 2000
• Offender has to make up for any harm/damage
• Can be through Direct Reparation or Restitution

Penalty Notice for Disorder:

• Criminal Justice and Police Act 2001
• Fixed penalty for minor crimes
• Generally for 16-17 yr olds, can either pay or Elect court

Conditional or Absolute Discharge:

• SS.12-15 POCCA 2000
• Conditional: No Further Action if no reoffending in next 6 months - 3 years
• Absolute: No Further Action

Fine:

• 10-13 yr olds max fine £250
• 14-17 yr olds max fine £1000
• 18+ same as adults, max £5000 in Mags

Question 4

Youth Rehabilitation Orders

Answer 4

CJIA 2008:

• Brought in Youth Rehab Orders
• Same principles as adult ones (S.177 CJA 2003)
• Examples: Unpaid Work, Drug Treatment, Education Requirement (School Aged)

Attendance Center Requirement:

• Run by Probation
• Only for under 25’s
• Shows overlap with adult rehab orders

Parenting Order:

• Lasts for max 1yr
• Parents must make sure children follow court rules, must go to parenting classes
• Aims to address home life issues that could cause offending

Question 5

Detention and Training Orders

Answer 5

SS.100-106 POCCA 2000:

• Created Detention and Training Orders for 12-21 yr olds
• If under 15, will be persistent offender
• Half sentence in custody, half in community
• Served for either: 4,6,8,10,12,18 or 24 months

Question 6

Detention for Serious Crimes

Answer 6

S.91 POCCA 2000:

• 10-13 yr olds will have committed crime that adults get 14+yrs for
• 14-17 yr olds can have longer sentence for death by dangerous driving or driving under influence

Detention at Her Majesty’s Pleasure:

• S.90 POCCA 2000
• 10-17 yr olds can be given Indeterminate sentence if they commit Murder
• Will only be released when ‘suitable’ (Decided by Parole Board)

Question 7

Young Offenders Institutions

Answer 7

• For Custodial Sentences Only
• 15-20 yr olds can go to YOI
• Sentences can be from 21 days to max for their offence
• At 21, transferred to Adult Prison