Young offenders

The Youth Court Young offenders between the age of 10 and 17 are dealt with in the Youth Court. Children under 10 cannot be charged with a criminal offence. In some extreme cases young offenders can be tried in the Crown Court. In addition it is possible for those who are 4 and over to be sent to the Crown Court for trial in any case where they are charged with a serious offence.

The Youth Court is private. Press maybe present but cannot publish any information which may result in an identification. The magistrates who sit in the court must be: Under 65 Have specialist training There must be at least 1male/1female The court is less formal than the others Obviously parent/guardian must attend for those who are under 16

Young Offenders The term young offenders covers all of those under the age of…..? However there are differing sentences: For those under 18 Under 16 Under 14 Under 12 What do you think the main aim of sentencing youth offenders is? What section of which Act covers this?

Sentencing Sentencing for young offenders under 15 has been debated regularly over time The arguments against sentencing are that young offenders need help rather than punishment (which easier done in the community) and custodial units have been branded ‘universities of crime’. There are however factors taken into consideration on the type of custodial sentence.

Young Offenders’ Institution Age Custodial sentence Minimum of 21 days And if the offender turns 21 whilst serving they will be transferred to an adult prison. Detention and training orders Created by the Crime and Disorder Act 1998 Offenders aged Specified period min. 4 months max. 24 months. Home Secretary can extend the use to include offenders of 10 and 11.

Detention for serious crimes Serious offences Ages this is only available when: The committed crime carries a maximum sentence of at least 14 years imprisonment for adults. Is an act of indecent assault on a woman under s.14 Sexual Offence Act The law was amended in 1994 to include ages after a serious case Jamie Bulger Ages this is also available for causing death by dangerous driving, or causing death by careless driving under the influence.

Detention at Her Majesty’s Pleasure Ages convicted of murder. Indeterminate sentence-released ‘when suitable’. The judge can recommended a min. number of years to be served which is set by the Lord Chief Justice. If the defendant reaches 21 whilst still serving a sentence they will be transferred to an adult prison.

Rehabilitation Orders An activity requirementA supervision requirement Unpaid work requirementA programme requirement Attendance centre requirement Prohibited activity requirement A curfew requirementAn exclusion requirement A residence requirementA local authority residence requirement A mental health treatmentA drug treatment requirement A drug testing requirementAn intoxicating substance treatment An education requirement Brought in by the Criminal Justice and Immigration Act 2008 ‘Mix and match’ dependant on the requirements:

Discharges Can be used for an offender but are usually only used for first-time young offenders who have committed minor crimes. However the following cannot be conditionally discharged: The offender has been warned within the last 2 years In breach of anti-social order In breach of a sex offender order

Reprimands and warnings Methods which the police can use to avoid bringing a case to court: Must be evidence the youth has committed a crime. They must admit to it. Police are satisfied it is not in the public interest to be prosecuted. There are however restrictions on how many time a youth offender can be cautioned. A reprimand can only be given if it is the first occurrence. A warning can only be given if the offender has not been ‘warned’ in the last two years. When warned the young offender must be referred to a Youth Offending Team where the case will be assessed.

Parents Parental responsibility: If the parents agree they can be ‘bound over’ to keep their child under control. Parents can forfeit a sum of money up to £1000. If they refuse to be ‘bound over’ they can be directly fined instead. If the offender is under 16 and is fined, it is up to parents to pay the fine.

Parenting orders Offers training and support to parents, which is more practical. Could include guidance/counselling. A court can make a parenting order where: The court makes a child safety order, Anti-social behaviour or sex offender order, A child or young person is convicted of an offence, A parents is convicted of an offence relating to truancy under the education act 1996.

Youth Offending Teams The Crime and Disorder Act 1998 established youth offending teams Co-ordinate the provision of youth justice services in the area working within agencies involved. A YOT includes a probation officer, a local authority social worker, a police officer, a representative of the local health authority and a person nominated by the chief of education officer.

What would you suggest as a suitable sentence? Beth, aged 15, appeared before the local youth court and admitted shop lifting on 5 occasions. She also admitted two offences of taking and driving a car without the owners consent. She has appeared before the youth court on two previous occasions for similar offences.