Lewis Nedas Youth Crime Specialists
At Lewis Nedas we specialise in defending young people. We understand that young people who commit crime are often victims themselves, and on many occasions turn to offending as a result of peer pressure or ‘gang culture’. In many instances young offenders are treated unfairly by the criminal justice system who look upon them as outcasts in society and label them as ‘bad kids’, without properly exploring the reasons behind their offending. At Lewis Nedas we regularly work where necessary with psychologists, psychiatrists and other experts to ensure that the courts are presented with all the facts about our young clients prior to them making judgement.
If you are a young person or a parent of a youth who requires representation you can be assured that our team at Lewis Nedas will treat your case with the consideration and sensitivity that a young person requires. Below is some information in relation to youth offending that we hope you will find of some use.
Youth Justice
The overarching principles of youth justice are:
When dealing with young offenders a court must have regard to two things:
- By section 37 of the Crime and Disorder Act 1998, the principal aim of the youth justice system is to prevent offending by children and young people.
- By section 44 of the Children and Young Persons Act 1933, “Every court in dealing with a child or young person who is brought before it, either as an offender or otherwise, shall have regard to the welfare of the child or young person.
Youths at the Police Station
If you are under 18 years of age and are arrested by the police you will require a Solicitor at the Police Station and at Lewis Nedas we provide this advice completely free of charge.
At the Police Station your case can be dealt with by way of charge, which means you will need to go to court, or by way of a Youth Caution. Youth Cautions were introduced by section 135 of the Legal Aid, Sentencing & Punishment of Offenders Act 2012. The 2012 Act abolishes reprimands and warnings that together were known as the Final Warning Scheme. Youth Cautions are a formal out-of-court disposal that can be used as an alternative to prosecution for young offenders (aged 10 to 17) in certain circumstances. A Youth Caution may be given for any offence where the young offender admits an offence, and when there is sufficient evidence for a realistic prospect of conviction but it is not in the public interest to prosecute.
The Youth Court
The Youth Court is a court for people under 18, and it is part of the Magistrates’ Court system. It is normally located at the local Magistrates’ Court. The Youth Court is often in a separate part of the building to make sure that children and young people are kept away from adults who may be appearing in the Magistrates’ Court. Youth courts are normally less formal than adult courts. They are also private and there are strict rules as to who is allowed in.
Youth Sentencing
There are a range of sentences available for youths but there is an expectation that, generally, a young person will be dealt with less severely than an adult offender, although this distinction diminishes as the offender approaches age 18.
The Court considers the following when sentencing a youth:
- The age of the offender (chronological and emotional);
- The seriousness of the offence;
- The likelihood of further offences being committed;
- The extent of harm likely to result from those further offences.
The maximum sentence the Youth Court can impose is two years in custody and therefore most offences committed by young offenders are dealt with in the Youth Court. There are only three instances where a youth will be tried in Crown Court:
- If a youth is jointly charged with an adult and it has been determined by the Court that the cases should be kept together;
- If a youth has been charged with a homicide (murder or manslaughter) and certain firearms offences;
- If a youth has been charged with a ‘grave crime’ (offences that can potentially carry a sentence of more than two years such as robbery, GBH and some sexual offences).
Referral Orders
The most common sentence passed at the Youth Court is that of a Referral Order. A Referral Order is a ‘contract’ that a youth has with a group of three adults called a Youth Offender Panel. The youth meets with the Panel over the length of the Order so that they can address the offending behaviour and try to repair some of the damage caused.
The Youth Court must make a Referral Order if the youth has never been convicted before of any other offence in the UK, and if the offence is imprisonable and not an offence with a sentence fixed by law. Additionally, the youth would have had to have pleaded guilty to the offence being sentenced and the Youth Court must feel that an absolute discharge or custodial sentence is not appropriate.
A Referral Order is usually between three and twelve months long depending on how serious the offence was.
Youth Rehabilitation Order (YRO)
A Youth Rehabilitation Order is a community sentence which combines certain requirements, and is designed to make sentencing easier for young people to understand. The types of requirements that a Court can impose include:
- A curfew requirement;
- An education requirement;
- A Local Authority residence requirement;
- A supervision requirement.
A Youth Rehabilitation Order can run for a maximum of three years. All the requirements will have to be complied with in that time.
Parental Bind Overs & Parenting Orders
The Court can ‘bind over’ parents and guardians to make sure that they keep their child under control and also that he or she complies with their community sentence. This means that they will be fined an amount of anywhere up to £1,000 (the maximum fine that can later be triggered) if they do not keep control of their child. The child must be under sixteen and the Order can last up to three years. The parent or guardian can refuse to be bound over but they can be fined up to £1,000 if they refuse.
Parenting Orders require parents to attend courses and guidance sessions with their child over a period of time. They may also have to make sure their child is at home in the evenings, or does not go to certain places. The parent or guardian cannot refuse to be subject to a Parenting Order. It lasts for twelve months.
Detention & Training Order (DTO)
A Detention & Training Order (DTO) is an order that sends a youth to custody. This could be at:
- A Young Offender Institution;
- A secure training centre;
- A secure children’s home.
Lengths of sentence can range from four months to two years. The sentence is split into two halves. The first is spent in custody, and the second is spent under the supervision of the Youth Offending Team in the community.
The Youth Court must obtain a written report before making a Detention & Training Order unless it has a recent report. The report will help the Youth Court to decide if a Detention & Training Order is needed and to decide how long the Order should be.
When a custodial sentence is imposed, the Court must state its reasons for being satisfied that the offence is so serious that no other sanction is appropriate and, in particular, why a Youth Rehabilitation Order with intensive supervision and surveillance or with fostering cannot be justified.
Custody should always be the last available option when dealing with youths.
If you require any legal assistance on this or related issues, please contact us by calling us on 020 7387 2032 or by completing our online enquiry form here.