How do Youth Sentences Differ from Adult Sentences?
The priority of the Youth Justice System is to prevent the criminalisation of children. There is greater emphasis on out-of-court disposals (OOCD), where possible, and diversion away from the criminal justice system.
When sentencing children, the court is duty-bound by the principles of the Youth Justice System, which is to prevent the offending and/or re-offending of children and to prioritise the welfare of the child in question.
How are Youth Sentences Determined?
When it comes to determining the appropriate sentence for a child, there are key elements that must be considered. These are:
- The principles of the Youth Justice System to prevent re-offending by children
- The welfare of the child
- The age and maturity of the child
- The seriousness of the offence, taking into account aggravating and mitigating factors
- The likelihood of further offences being committed
- The extent of harm that is likely to result from those further offences
How does age affect the sentence imposed?
If a child turns 18 during criminal proceedings, they can continue to have their case heard in the youth court and can receive youth sentences.
If a child turns 18 after they plead guilty or are convicted, but before they are sentenced, they are still entitled to receive youth sentences.
If a child turns 18 before they plead guilty or are convicted, they cannot receive youth sentences. However, the child’s age at the time of the offence must be taken into consideration.
Due to these factors, it is very important to avoid delays in a criminal case if a child is approaching their 18th birthday.
Types of Youth Sentences
As children are treated differently to adults when being sentenced, there are tailored sentences that are only available to children. These sentences are less severe and aim to divert the child from the criminal justice system as much as possible:
Reparation order
Imposed for less serious offences. A reparation order aims to help the child understand the effect of the specific crime on victims to prevent further offending. The order requires the child to perform restorative work for up to 24 hours.
Referral order
This is a community-based sentence issued to children who have pleaded guilty to a first-time offence, where this offence is imprisonable. It involves the child being referred to a Youth Offender Panel where they will sign a contract that will include activities to prevent further offending. The order must last for a minimum of 3 months and a maximum of 12 months.
Youth Rehabilitation Order (YRO)
This is a community-based sentence and can be tailored on a case-by-case basis. There is no minimum time-period, but they can last up to 3 years. Further information on the available YRO requirements can be found here.
YRO with Intensive Supervision and Surveillance (ISS)
ISS is an addition to a YRO for an imprisonable offence where, instead of going to prison, individuals are closely monitored in the community. This can include programmes as well as electronic tagged curfew. ISS can be imposed either as a bail package or as a sentence.
YRO with Intensive Fostering
This is for an imprisonable offence where the youth is required to live with a local authority foster parent. This community-based alternative is designed for children whose home environment is contributing to their offending behaviour.
Detention and Training Order (DTO)
For children aged 12-17, this is a prison sentence that can be for 4, 6, 8, 12 or 18 months, or 2 years. Children between the ages of 12-14 can only receive a DTO if they are considered a persistent offender. DTOs are split, with the first half being served in custody and the second half served under supervision in the community.
Section 91
This is a prison sentence that can only be imposed within the Crown Court. This is for children who have committed grave crimes, such as sexual or violent crimes, where a YRO or a DTO is not suitable. A Section 91 is normally used to pass a sentence longer than the maximum 2 years available under a DTO.
What is an Out-of-Court Disposal?
DEFINITION
Out-of-Court-Disposal
An alternative to being charged with a criminal offence that avoids court involvement. This is for children who have committed less serious offences and are at a low risk of re-offending.
An out-of-court disposal (OOCD) is not a conviction. It In order for an OOCD to be imposed, the child needs to admit to having committed a criminal offence.
Out of Court Disposals include:
- Triage (No Further Action) – this is an informal processfor children who are first-time offenders and/or have committed less serious offences. Triage means that a child will not be prosecuted, given a community resolution or youth caution. The child may be asked to attend appointments with the Youth Justice Service.
- Community Resolution – used for dealing with less serious crime where the offender accepts responsibility. It involves an agreement between the offender, victim (if applicable) and the Police to resolve the issue through methods like an apology or compensation.
- Youth Caution – this is a formal OOCD if a child admits to committing a criminal offence. A youth caution will remain on a child’s criminal record.
- Youth Conditional Caution – this is a youth caution with one or more conditions attached. If these conditions are breached, the child may be prosecuted for the original offence. Youth conditional caution will remain on a child’s criminal record.
How can Lawtons help?
If you are a youth under investigation or your child is currently under investigation for a criminal offence or has admitted to a criminal offence, it is essential that you seek out legal representation from a specialist youth justice solicitor. Having expert legal guidance can make a substantial difference in the outcome of your case and the type of sentence imposed.
To speak to a member of our team today, call us on 0333 577 0522 or visit our enquiries page.
FAQs about Youth Sentencing Guidelines
How do youth sentences affect a child’s future?
Can a child be placed on the sex offenders register?
What happens if a child breaches a court order?
