youth sentencing

• Youth offenders

  Offenders aged between 10 and 17 are classed as youth offenders, and are usually tried in the youth court (normally within the magistrates court), unless the case is so serious that it is tried in the crown court.

  .Youths can also be tried in the crown court if they are being tried alongside an adult offender.
• Trials in youth court

  .The role of the youth court was consolidated in the case of Thompson and Venables v UK (1999). Following this case, youth trials are done in a more supportive manner.

  .The ECTHR ruled that 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 press attendance should be restricted if necessary. 

  .There is no jury and the public are excluded (no public gallery)
• Youth rehabilitation order

  .This is similar to community sentences that adults get.

  .A type of youth community  sentence covered by S.173 Sentencing Act 2020.

  .Used to reduce the number of young offenders in custody.

  .Can be applied to anyone under 18 who has committed a criminal offence for a maximum of 3 years.
• Youth rehabilitation order - Requirements that can be attached are listed in S.174 Sentencing Act 2020 : 

  >An activity requirement/prohibited activity

  >Unpaid work requirement 

  >Curfew/electronic tag

  >Exclusion order

  >Residence requirement

  >Eduction

  >Drug/alcohol/mental health treatment
• Youth fines

  .Fines should reflect the offender's ability to pay.

  .If the youth is under the age of 16, the parents/guardians are responsible to pay the fine.

  .The maximum fine a court can give to a youth offender is approximately £1000.
• Youth sentences

  .These are other types of non-prison sentences.

  .Designed to act as a deterrent and provide a way to reform.

  .These are classed as first tier sentences.
• Youth sentences examples

  >Referral order comes under S.83 Sentencing Act 2020. - Youth offenders who plead guilty to a first offence are referred for a 3-12 month contract to reform and repair damage . In the contract, there will be specific conditions of what the offender can and cannot do.

  >Reparation order comes under S.109 Sentencing Act 2020. - May be required to clean up graffiti or meet their victim and apologise.

  >Parenting order comes under S.23 Police and Justice Act 2006. - Focusing on a parent who will have to attend parenting classes. 
• Youth discharge

  .This is the lowest form of sentencing.

  .Conditional - Offenders will not be punished for the current offence provided they commit no further offences for a specific period between 6 months and 3 years.

  .Absolute - With absolute discharges, no punishment will be given despite the offender either pleading guilty or being found guilty of the offence.
• Youth custody .

  There are two options when it comes to youth custody : 

  >Detention and training order 

  >Detention for life 
• Youth custody - detention and training order

  >Detention and training order 

  -They can last anything from 4 months to 2 years.

  -The first half is spent in custody while the second half is spent in the community under the supervision of the Youth Offending Team.

  -Given to youth offenders who represent a high level of risk, have a significant offending history or are a persistent offenders and where no other sentence will manage their risks effectively
• Youth custody - detention for life

  >Detention for life 

  -This is where the youth offender will spend their whole sentence in custody

  -Imposed for very serious offences like murder, manslaughter, kidnapping, S.18 GBH and burglary of a dwelling.

  -Offences for which an adult would serve 14 years +