Youths - sentencing Flashcards
What is the aim of the Youth Justice System?
To prevent re-offending by children and young people
The Youth Justice System focuses on rehabilitation rather than punishment.
When determining a sentence for a youth, what factors need to be considered?
- The welfare of the child or young person
- The principal aim of the YJS
- Age of the youth
- Seriousness of the offence
- Likelihood of further offences being committed
- Extent of harm likely to result from those offences
What is the rule regarding parents at a youth court?
It is a statutory requirement for any under 16 appearing at court that parents attend unless deemed unreasonable
- this is discretionary for 16/17 yr olds
For 16/17 year olds, attendance of parents is discretionary.
What is the relevant age for considering increases in sentence due to age?
Age at conviction
What can a Youth Court commit to the Crown Court for?
- Grave crime and there is a real propsect of a sentence over 2 yrs being imposed
- Homicide offences
- Firearms offence subject to mandatory minimum of 3 yrs and youth is over 16
- Dangerous young offenders
- Related offences
What constitutes a ‘grave crime’ for commitment to Crown Court?
- Robbery
- S 18 GBH with intent
- Aggravated criminal damage
- Arson/aggravated arson
What defines a dangerous offender in the context of the Youth Justice System?
The specified offence is a violent, sexual or terrorism offence and the court thinks that there is a significant risk to the public of serious harm being committed
What is a Referral Order?
A mandatory sentence in YC or MC for youths who have committed an offence for the first time and pleaded guilty to an imprisonable offence.
When would an otherwise mandatory Referral Order not be mandatory?
If the court proposes to impose a:
- custodial sentence
- hospital order
- absolute or conditional discharge
When is a Referral Order discretionary?
It is discretionary on second or later conviction or if the offender pleads guilty to the offence or a connected offence being dealt with by the court.
When cannot a Referral Order be given?
A Referral Order cannot be given where:
* the sentence is fixed by law
* the court feels absolute or conditional discharge is justified
* the court is proposing to make a hospital order
* the court considers custody is the only correct disposal
* the young offender has not been previously convicted and pleads guilty to an imprisonable offence or any other offence being dealt with by the court at the same time.
What does a Referral Order require from the offender?
To attend meetings of a youth offender panel and to comply with a programme of agreed behaviour between the offender and the panel.
What is the duration of a Referral Order?
The minimum duration is 3 months and the maximum is 12 months.
What is the youth’s status after completion of a referral order?
Leaves youth with a clean slate.
What happens in case of a breach of a Referral Order?
The offender may be referred back to YC, the referral order may be revoked and dealt with in another manner, or the court may pay a fine/extend the length of the contract or do nothing.
What is a Youth Rehabilitation Order (YRO)?
A community order for serious offences
- maximum duration = 36 months
- Requirements include supervision, unpaid work, curfew, electronic monitoring, mental health treatment, drug treatment, and education.
- Unpaid work and residence requirements apply only to those aged 16/17 at the date of conviction.
What are Reparation Orders?
Orders aimed at making amends for the harm caused by the offence.
What are Orders Against Parents?
Bind Over or Parenting Orders imposed to prevent further offences, with a statutory duty to impose if desirable. Breach by a parent results in a fine.
What is a Detention and Training Order (DTO)?
Custodial sentences for serious offences where the statutory threshold has been met, with a minimum length of 4 months and a maximum of 24 months.
When can a DTO be imposed?
If the offence is imprisonable for adults.
What are the age limits for DTO?
10 to 11 yr olds –> DTO not applicable
12to14 year olds –> only if they are persistent offenders.
What is the duration of a Detention and Training Order?
The duration can only be 4, 6, 8, 10, 12, 18, or 24 months.
How does age and maturity affect Detention and Training Orders?
Sentences for 15-17 year olds should be half to two-thirds of the adult sentence, with greater consideration for those under 15.
Who can impose a Detention and Training Order?
A Crown Court (CC) can impose a DTO.
How is a Detention and Training Order spent?
The first half is spent in secure youth detention, and the second half is in the community under supervision by a Youth Offending Team (YOT).
What can a Crown Court do if a youth is guilty of a grave crime and neither DTO nor community order are suitable?
The court can send the youth to the CC may sentence a youth to long-term detention under s.250 of the Sentencing Act
What can Dangerous Offenders face?
Youth found to be dangerous can face extended detention or detention for life.
What is Detention at His Majesty’s Pleasure?
A mandatory sentence for murder, with a starting point of 12 years.
What is Detention in a Young Offender’s Institution?
Applies to individuals aged 18-21.
