Youths – sentencing I (Introduction)

Question 1

What are the general principles the court must have regard to when sentencing young offenders?

Answer 1

The principle aim of the youth justice system i.e. to prevent offending by children and young people; and

The welfare of the child or young person.

Question 2

What are the overarching guidelines in relation to sentencing children and young people?

Answer 2

In determining the sentence, the key elements to consider are:

*The principal aim of the youth justice system (to prevent re-offending by children and young people);

*The welfare of the child or young person;

*The age of the child or young person (chronological, developmental and emotional) which requires a different approach to that which would be adopted in relation to the age of an adult;

*The seriousness of the offence which is determined in the same way as for adults by assessing the culpability and harm;

*The likelihood of further offences being committed; and

*The extent of harm likely to result from those further offences.

Question 3

What is a parental bind or parenting order? and when are they imposed?

Answer 3

The court has a duty to make a parental bind over or impose a parenting order, if it would be desirable in the interest of preventing the commission of further offences.

There is a discretionary power to make these orders where the young person is aged 16 or 17.

Question 4

What is the consequences of breaching a parenting order?

Answer 4

Any breach by the parent will amount to an offence punishable by fine. The CPS will conduct the prosecution in the magistrates’ court.

Question 5

What is the significance of age in relation to young offenders?

Answer 5

Sometimes (primarily turning 12, 15 or 18 years old) an increase in the age of a child or young person will have an effect on the maximum sentence available.

Question 6

Who are persistent offenders?

Answer 6

If there have been three findings of guilt in the past 12 months for imprisonable offences of a comparable nature then the court could certainly justify classing the child or young person as a persistent offender; or

A child or young person is being sentenced in a single appearance for a series of separate, comparable offences committed over a short space of time then the court could justifiably consider the child or young person to be a persistent offender even if no previous convictions.

Question 7

Can the youth court (or adult magistrates court if the youth is appearing there) commit a youth to the CC for sentencing?

Answer 7

Yes, where they are charged with certain serious offences.

Three powers of committal to the Crown Court for sentence apply to youths:

1. Youth is convicted of a ‘grave crime’ offence under s.249 SA 2020 and the court considers a Crown Court should have power to deal with the offender by imposing a sentence of detention under s.250 SA (i.e. a sentence in excess of two years’ detention is required) (s 16 SA 2020).
2. Committal for sentence of dangerous young offenders.
3. Committal for sentence for related offences.

Question 8

What is the relevant age for the purpose of sentencing?

Answer 8

The relevant age for the purpose of sentence is the age of the offender at the date of conviction.