youth sentencing

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    • What is a suspended sentence?
      A suspended sentence allows the defendant to remain free as long as they don't reoffend.
    • What happens if a defendant with a suspended sentence reoffends?
      They may be recalled to prison.
    • What are the aggravating and mitigating factors in the judgment of R v Lavinia Woodward (2017)?
      • Aggravating factors: Seriousness of the offense, impact on the victim.
      • Mitigating factors: Personal circumstances of the offender, lack of prior offenses.
    • How are the aims of sentencing reflected in the judgment of R v Lavinia Woodward (2017)?
      The judgment reflects aims such as rehabilitation and deterrence.
    • What should youth fines reflect?
      Youth fines should reflect the offender's ability to pay.
    • Who is responsible for paying fines if the offender is under 16?
      The responsibility falls on the parent or guardian.
    • What are the two types of discharges mentioned in the Sentencing Act 2020?
      Conditional discharge and absolute discharge.
    • What is a conditional discharge?
      A conditional discharge is given with no sentence on the condition that the offender does not reoffend.
    • What is an absolute discharge?
      An absolute discharge means no punishment is given.
    • What is the aim of a community sentence under the Sentencing Act 2020?
      • Aims to reduce offending
      • Aims to decrease the number of youths in custody
    • What is the maximum duration for a community sentence?
      The maximum duration is 3 years.
    • Who supervises a community sentence for youths?
      A youth offending team supervises the community sentence.
    • What happens if a youth breaches their community sentence three times?
      They must go back to court and may face a period in custody.
    • What requirement was added by the Police, Crime, Sentencing and Courts Act 2022 for community sentences?
      Electronic tagging requirement.
    • What are four conditions that could be attached to community orders for youth offenders?
      1. Regular meetings with a case worker
      2. Attendance at educational programs
      3. Community service hours
      4. Curfew restrictions
    • How do the conditions of community orders meet the aims of the Sentencing Act 2020, s 57?
      They promote rehabilitation and reduce reoffending.
    • What are the characteristics of the youth court?
      • Usually in the same building as Magistrates' court
      • Not open to the public
      • No press attendance
      • More informal atmosphere
      • Judges do not wear wigs
    • What age range defines youth offenders?
      Youth offenders are between the ages of 10-17.
    • Where are the most serious youth cases tried?
      The most serious cases may be tried in Crown Court.
    • What is the key case concerning youth trials and Article 6?
      The key case is T and V v UK (1999) 30 EHRR 12.
    • What was the argument made by T and V in their trial?
      They argued that the Crown Court trial was incomprehensible to them, breaching Article 6.
    • What legal principle was established in T and V v UK regarding youth trials?
      The trial of a young person should be held in a courtroom where everyone is on the same level.
    • What accommodations should be made for young defendants during trials?
      Defendants should be permitted to sit with their family, and public attendance should be restricted if necessary.
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