Youth Court - Sentencing II - The Sentences Flashcards
What are the main non-custodial sentences available to Youth Court?
1) Discharge
2) Fines / Reparation order
3) Referral orders
4) Youth Rehabilitation Order
5) Parenting order
When is an absolute / conditional discharge imposed?
Least serious offences
Is fines available to youth court?
Yes, but limited
What is a referral order?
A contract-based sentence involving youth offender panel, which designs behaviour agreement offender must comply with
How long is a referral order?
3 to 12 months
When is a referral order mandatory?
- First offence
- Guilty plea
- Offence is imprisonable
When is a referral order discretionary?
- Subsequent conviction if not used previously
- If youth pleads guilty to current or connected offence
When is referral order not available?
- Sentence fixed by law (e.g. murder)
- Custodial sentence necessary
- Hospital order / absolute discharge more appropriate
What does breach of referral order lead to?
Revoke and re-sentence, fine, or extend order
What are fines limited by in terms of amount?
By youth’s means
Who might be ordered to pay fine?
Parents of the Youth
What is a Youth Rehabilitation Order?
A type of flexible community sentence with multiple requirements tailored to offender
What is the threshold for YRO?
Offence must be serious enough (but not necessarily imprisonable)
What is the minimum YRO?
No minimum
What is the maximum YRO?
36 months
What are the possible YRO requirements?
1) Activity
2) Supervision
3) Attendance centre
4) Curfew
5) Exclusion
6) Programme
7) Education
When could a youth be subject to intense supervision?
Imprisonable offences and custody threshold passed – if under 15, must be persistent offender
What is the effect of a breach of a YRO?
Fine (up to £2,500), amend order, revoke and re-sentence
What are the types of custodial sentences for a Youth?
1) Detention and Training Order
2) Long-Term Detention
3) Extended Detention for Dangerous Offenders
4) Detention at His Majesty’s Pleasure
What is a detention and training order?
The only custodial sentence available in the youth court
What does detention and training order apply to?
Imprisonable offences only
What is the minimum and maximum of a detention and training order?
Minimum 4 months – maximum 24 months
What is the eligibility of a detention and training order?
1) Age 10-11 – not permitted
2) Age 12-14 – only if persistent offender
3) Age 15-17 – available freely
What is a split sentence in detention and training order?
Half in custody, half under supervision in the community
What is a long term detention for youths?
Only imposable by the Crown Court for grave crimes
What is criteria for long term detention?
Custody threshold passed and DTO not sufficient
What is extended detention for dangerous offenders’ criteria?
- Conviction of specified offence
- Significant risk of serious harm
- Offence justifies 4+ year equivalent adult determinate sentence
Who can impose extended detention for dangerous offenders?
Crown court
What is a detention at His Majesty’s Pleasure?
Mandatory sentence for murder by youth
What is starting point of murder by youth?
12 years
What is a parenting order?
Can require parents to attend counselling or parent classes
What is a parental bind over?
Parents can be bound to ensure child’s good behaviour
What does Adult Mag do if powers insufficient?
Remit to Youth Court
