Youth Sentencing Flashcards
Youth courts
-offenders aged 10-17
-press cannot publish identifying information
-magistrates/judges must be: under 65, specialist training, appropriate adult present
What is an appropriate adult?
-parent/guardian/social worker
-under s57 of the Police and Criminal Evidence Act all youth offenders are entitled
-ensure understanding of rights and terminology
What is the main aim of reoffending?
rehabilitation, under S58 of the 2020 Sentencing Act
Who are the YOT?
-established in 1998 by crime and disorder act
-consists of a probation officer, social worker, police, education worker and representative of local health authority.
-helps to prevent a life of crime 13-18 year olds
Problems with sentencing youths
-argument they need help not punishment
-custodial units are branded ‘universities of crime’
Youth out of court disposals
-youth restorative disposals
-community resolutions
-youth cautions
-youth conditional cautions
What is a YRD?
-informal way of dealing with low level crime
-administered by police officer
-an assisting factor in future decisions should they appear in court.
What are community resolutions?
-informal action taken by police in response to minor offence
-introduced by LASPO 2012
-alternative to being processed in court system
-issued on the street, allows victims say and offender second chance
What are youth cautions?
-introduced under LASPO 2012, formal disposal followed up by YOT referral
-given by police when: sufficient evidence, admits guilt, not in public interest to prosecute
What are youth conditional cautions?
-more serious first offence
-conditions are attached and breach can affect future sentences
What is a discharge?
-minor first time offenders
-absolute: belief going through court is punishment enough (s79 of 2020 Sentencing Act)
-conditional: as long as no further offences are committed in specific time period, no charges, if in breach they’ll be sentenced for new and initial offence
Youth fines
-realistic ability to pay
-under 16: parents responsibility
-over 16: responsible for themselves
-s128 of Sentencing Act 2020
Parental responsibility
-can forfeit up to £1000 for child’s wrongdoings
-given a list of conditions for child
-parents may have counselling
-s365 of 2020 Sentencing Act
What are community sentences?
-deterrent from committing another offence, s58 of Sentencing Act 2020
-referral order
-reparation order
-youth rehabilitation order
What is a youth referral order?
-referral to youth offender panel
-meetings and programme of rehabilitative activity
-3-12months
-addresses causes of behaviour
What is a youth reparation order?
offender takes responsibility by expressing remorse e.g. repairing damage
What is a youth rehabilitation order?
-community service imposed by court
-individual, designed to prevent reoffending
-up to 3 years
-supervision by YOT, if in breach of order may return to court
Types of rehabilitation orders
Activity Requirement:
-unpaid work
-curfew
-mental health
Supervision Requirement:
-exclusion
-drug treatment
-electronic tagging
What is ‘Detention at His Majestys Pleasure’?
-aged 10-17 convicted of murder
-s259 of 2020 Sentencing Act
-after release close supervision by parole board
-if reach age 21 whilst serving, transferred to adult prison
Sentence of Detention
-allows Crown Court to sentence young offenders to custody for serious offences: attract 14 years in prison e.g serious sexual or firearm
-may be released half way to serve rest on license
-monitored constantly by YOT to end of sentence
What is a detention and training order?
-imposed in very serious cases
-high risk or persistent offenders
-12-17
-4 to 24 months
-spend first 1/2 in custody and second in community under YOT
-s234 of 2020 Sentencing Act
