Youth sentencing

• Youth Sentencing


  The process by which youth offenders are sentenced
• The aims of youth sentencing are to rehabilitate the offender and change their behaviour, and to compensate or 'repair' society for damage that has been caused
• Appropriate Adult


  An adult who must be present when a youth under 17 is being interviewed by police
• Parole Board


  A body set up to decide whether an offender should be released from prison
• Youth Offenders


  Offenders between age 10-17, tried in youth court. The most serious cases may be tried in Crown Court. If tried alongside an adult offender can be tried in Crown Court.
• The trial of a young person should be held in a courtroom in which everyone is on the same level and the defendants should be permitted to sit with their family. Wigs and gowns should not be worn and public and press attendance should be restricted if necessary.
• Youth Court


  • Usually in same building as Magistrates' court, not open to public, no press attendance, more informal, judges don't wear wigs, entitled to appropriate adult at all times (PACE, s 57 & Code C)
• Youth Restorative Disposal (YRD)


  Used for first offences or where defendant has pled guilty
• Youth Caution


  Used for first offences or where defendant has pled guilty
• Youth Conditional Caution


  Used for first offences or where defendant has pled guilty
• Youth Rehabilitation Order


  Community sentence, aims to reduce offending & number of youths in custody, maximum 3 years, supervised by youth offending team, required to visit case worker who will work out youth rehabilitation order plan, if breached three times go back to court & face period in custody
• Youth Rehabilitation Order


  1. Conditions that could be attached

  2. How conditions meet aims of CJA 2003, s 142

  3. How conditions meet aims of sentencing
• Youth Fines


  Should reflect offender's ability to pay, if under 16 paying of fine is responsibility of parent/guardian, their ability to pay is taken into consideration
• Discharges


  Same as for adult offenders - Conditional discharge: Given no sentence on condition that they do not reoffend, Absolute discharge: No punishment is given
• Referral Order


  Key Information
• Reparation Order


  Key Information
• Parenting Order


  Key Information
• Detention & Training Order


  Custody is only granted in the most serious of cases, for offences where an adult would serve over 14 years, or for murder
• Suspended sentences


  Sentences where D is allowed free - as long as they don't reoffend they won't be recalled to prison
• The Lammy Review (2017) recommended sealing (deleting) spent criminal convictions to enable offenders to apply to have their case heard by a judge or Parole Board to prove they have reformed, and to enable them to have a second chance as their criminal convictions would not be disclosed