Sentencing : young offendersMrs Hilton

Learning ObjectivesTo be able to compare custodial

and community sentences for young offenders

To be able to describe who might attend a Youth court

To be able to discuss an attendance centre order and where it might be appropriate

Custodial sentences overviewCustodial sentences

◦Detention and training order◦Detention under sections 90 and 91 Powers of Criminal Courts (sentencing) Act 2000 Sentence less than 4 years Sentence more than 4 years

Detention and training order

What is a Detention and Training Order? A Detention and Training Order is a Custodial Sentence imposed by the Court for

persistent or serious offending. It can last between four and twenty four months. You will serve half of your sentence in Custody and half in the Community under

supervision by your Youth Offending Team worker.

What does it mean? It means that the Court has viewed your offending as serious/persistent and only a

Custodial Sentence is appropriate at this stage. You will also be required to undertake some form of unpaid work to the community

in the form of reparation for your offending. This will be organised for you by the Youth Offending Team Reparation Co-ordinator and will be supervised.

A detailed plan of what will be done during your Order will be agreed by your Youth Offending Team worker and the Custodial Unit. This is called a Training and Supervision Plan. The Plan will be reviewed on a monthly basis.

There will be a Pre-Release meeting within 10 days of your release when a contract will be drawn up, outlining the expectations upon you in the community. This is called a Licence and you need to abide by the conditions outlined within it or you will be returned to Court and may be retuned to the Establishment to serve more time.

Detention under sections 90 and 91 Powers of Criminal Courts (sentencing) Act 2000

Applies when an offender is convicted of an offence where an adult could receive at least 14 years in custody

Must be passed in crown court Murder falls under s90 and other crimes covered by s91 Section 90/ 91 This sentence is given for the most serious offences, such

as murder or rape. The entire sentence is spent in custody. The release date for Section 90 offences is determined by

the Home Secretary, the release date for Section 91 is set automatically.

Read Bulger Case

Sentence less than 4 yearsReleased at half

way pointUnder

supervision until ¾ of sentence completed

Maybe released earlier and tagged

Sentence more than 4 yearsAttend a parole

hearingSuccessful leave

custody at half way point

Unsuccessful leave at 2/3 point

Kept under supervision until ¾ has passed

Community sentences overviewCommunity sentences

◦Reparation order◦Referral order◦Attendance centre order◦Supervision order◦Community rehabilitation order◦Community punishment order

Reparation order What is a Reparation Order? A Reparation Order is a Court

Order which is made to help you to avoid any further offending. It helps you to understand the effects your crime had on the victim and provides you with a chance to make amends either directly to your victim or to the community. The Order lasts for three months and has detailed requirements, which may include:

Group sessions about the effect of crime on victims and the community

Writing a letter of apology Face to Face meeting with the

victim to give a personal apology Practical work for the victim or

the community.

Referral order What is a Referral Order? A Referral Order is a Court Order, which is made to help you to

avoid any further offending. The Order can last for between 3 and 12 months, the length will be decided by the Court depending on the seriousness of the offence(s) you may have committed. This Order is supervised by a Youth Offending Team worker who is there to advise, assist and encourage you, and will help to prevent you re-offending.

You will be referred to the Youth Offender Panel who will negotiate a Contract (agreement)with you about what you need to do during that time. Their purpose is to:

Hear how the victim of your offence(s) feels about it and help you to put right some of the harm done

Help you not to offend again Help your family and friends support you in making sure you

don't re-offend Panel can include YOT, two community volunteers, victim,

parents and offender.

Attendance centre orderYoung offender required to go to

an attendance centre for a certain number of hours

Run by policeInclude activities

◦Discipline◦Physical training◦Social skills

See 12 year old with knife case

Supervision orderWhat is a Supervision Order? A Supervision Order is a Court Order, which is made to help you to avoid any

further offending. It can last up to three years. This Order is supervised by a Youth Offending Team worker who is there to advise, assist and encourage you, and will help to prevent you re-offending.

What does it mean? It means you will be given: Help in keeping out of any further trouble with the Police Advice in areas in which you may be having problems, e.g. at home, school or

work, with other people or with drugs Support from your Youth Offending Team worker who is there to see you

regularly and listen to what you have to say You will also be required to undertake some form of unpaid work to the

community in the form of reparation for your offending. This will be organised for you by the Youth Offending Team Reparation Co-ordinator and will be supervised.

A detailed plan for what is going to be done during your Order will be agreed with you and your parents/carers within the first week. This is called a Supervision Plan. The Plan will be reviewed every three months.

10 – 16 years old, close supervision by social services or probation service. May include a range of conditions inc curfews or residence requirements

Community Rehabilitation orderWhat is a Community Rehabilitation Order? A Community Rehabilitation Order was previously a Probation Order

and it is a Court Order, which is made to help you to avoid further offending. It can last up to three years. This Order is supervised by a Youth Offending Team worker who is there to advise, assist and encourage you, and to help to prevent you re-offending.

What does it mean? It means that you will be given: Help in keeping out of further trouble with the Police Advice in areas in which you may be having problems, e.g. at home,

school/college or work, or with other people or with drugs Support from your Youth Offending Team worker who is there to see

you regularly and listen to what you have to say A detailed plan for what is going to be done during your Order will be

agreed with you and your parents/carers within the first week. This is called a Supervision Plan. The Plan will be reviewed every three months.

16-17 year olds equivalent of supervision order

Community Punishment and Rehabilitation OrderWhat is a Community Punishment and Rehabilitation Order? A Community Punishment and Rehabilitation Order [CPRO] or "Combination

Order" is a Court Order, which is made to help you to avoid further offending. It is made up of an element of supervision [Community Rehabilitation] and a Community Service [Community Punishment] element. It can last up to three years and you will be expected to undertake unpaid work for a specified length of time, which can be between 40 and 100 hours.

The Order is supervised by a Youth Offending Team worker and a Community Service Officer who are there to advise, assist and encourage you, and to help to prevent you re-offending.

What does it mean? It means that you will be given: Help in keeping out of further trouble Advice in areas in which you may be having problems, e.g. at home,

school/college or work, or with other people or with drugs Support from your Youth Offending Team worker who is there to see you

regularly and listen to what you have to say. A detailed plan for what is going to be done during your Order will be agreed

with you and your parents / carers during the first week. This is called a Supervision Plan. The Plan will be reviewed every three months.