Youths - Sentencing Flashcards
What are the 2 main aims when sentencing youths?
- Prevent offending
- Welfare of the child
What factors must the courts consider when sentencing youths?
- Principal aim of preventing re-offending
- Welfare of the child
- Age
- Culpability and harm
- Risk of further offences and harm
What is the relevant age for sentencing purposes?
The age at the date of conviction
When must parents/guardians attend court?
- Mandatory if youth is under 16, unless unreasonable
- Discretionary is 16-17
What is a Persistent Young Offender
- 3 findings of guilt for imprisonable offences in last 12 months, or
- Series of offences over a short time
When can a youth be committed to the Crown for sentence?
- Convicted of a grave crime
- Found to be a dangerous young offender
- Related offences committed
What custodial sentence is available in the YC?
Detention and Training Order
What are the community-based sentences for youths?
- Youth Rehabilitation Orders
- Referral Orders
- Reparation Orders
What sentences may also be imposed on parents?
- Parenting orders
- Parental bind overs
When can a Youth Rehabilitation Order be imposed?
When the offence is serious enough to justify it - no need for it to be imprisonable
What is max length of a YRO?
3 Years
What is a Referral Order?
A contract with a Youth Offender Panel requiring compliance with a behavioural programme
When is a Referral Order mandatory?
- First conviction
- Guilty plea to an imprisonable offence
What is the minimum and maximum term for a Referral Order
- Minimum 3 months
- Maximum 12 months
What is the minimum and maximum length of a Detention and Training Order (DTO)
- Minimum 4 months
- Maximum 24 months
What age must a youth be to receive a DTO?
- Aged 12-14 if a Persistent Young Offender
- Aged 15-17 otherwise
How is a DTO served?
- First half in custody
- Second half under supervision in the community
When must a youth be sent to Crown for dangerousness?
- Charged with a specified offence
- Significant risk of serious harm
- Offence warrants 4+ years custodial sentence
What serious sentences can the Crown impose on Youths?
- Long term detention
- Extended detention for dangerousness
- Life detention for dangerousness
- Detention at his Majesty’s pleasure (murder)
What happens if a Youth breaches a Referral Order or YRO?
- Take no action
- Impose a fine (up to £2.5k)
- Amend order
- Revoke and re-sentence
