General sentencing approach
When the youth courts sentence a young person (those under the age of 18 at the date of pleading guilty or being found guilty) they must have regard to the principal aim of the youth justice system, as well as the welfare of the young person.
This means that although the type and seriousness of the offence is important, the approach taken is focused more on the individual’s vulnerabilities and needs, and should have an emphasis on rehabilitation (over punishment) where possible. A sentence of custody should always be a measure of last resort and be applied when no other sanction is appropriate.
The primary focus of the youth justice system is to encourage young people to take responsibility for their actions and to assist their re-integration into society rather than to punish them. Therefore, restorative justice disposals can be very valuable to help achieve this aim.
Most young persons will be sentenced in a youth court, however there are various important exceptions to this rule. Focus will be given below to the sentencing options available in the youth court.
Sentencing guidelines
Although there are no separate sentencing guidelines for each offence when dealing with young people, there are general guidelines that are to be applied to each offence.
The key elements to consider when sentencing a young person are:
– the main aim of the youth justice system (to prevent re-offending);
– the welfare of the young person;
– the age of the young person;
– the seriousness of the offence (including aggravating and mitigating factors);
– the likelihood of further offences being committed;
– the extent of harm likely to result from those further offences
Similar to when adults are being sentenced, the youth court will also take into account if an early guilty plea is entered, and will reduce any potential sentence accordingly. The amount of credit to be given will be determined by the timing of the guilty plea (earliest opportunity), and there are other factors which a court can look at to help determine how much credit is to be given at any later stage than the first appearance.
The exception to this principle is in relation to a referral order, as this is a sentence which can only be given when the young person has pleaded guilty, and therefore no further reduction of sentence should be applied to reflect the guilty plea.
Available sentences
Below are the types of sentences available in the youth court for young persons aged between 10 and 17:
1. Absolute or conditional discharge
An absolute discharge is appropriate for the least serious offences when the court considers that no punishment should be imposed. In contrast, a conditional discharge is appropriate when an immediate punishment is not warranted, however there must be no other offences committed within a certain period of time (must not exceed 3 years).
2. Financial Order
A fine can be imposed for any offence unless the criteria for a mandatory referral order is met. If the young person is under 16 the court has a duty to order the parents or guardians to pay the fine, and if over 16 that duty is discretionary. Due to limited financial means of young people the court needs to determine if this disposal is most effective or suitable.
3. Referral order
This is a mandatory sentence if the young person has committed an offence for the first time and has pleaded guilty to an imprisonable offence. However, this is a discretionary sentence available for any offence if the young person has pleaded guilty but has previous offending history. It is not the same as a community order.
Referral orders are the main sentence when delivering restorative justice and the length of time given on the order will depend on various factors, such as the seriousness of the offence and previous offending history. The orders can vary from 3 months to 12 months.
4. Youth rehabilitation order (YRO)
This is a community sentence within which the court can include one or more requirements. These requirements would be designed to punish, protect the public, reducing re-offending and reparation. A YRO is used for offences of a more serious nature, including offences which are not imprisonable.
When imposing a YRO the court will need to fix a period of time proportionate to the seriousness of the offence, which will allow for the relevant requirements to be completed (not more than 3 years).
5. YRO with intensive supervision and surveillance or fostering
These types of orders are an alternative to custody. The offence must be punishable by imprisonment, cross the threshold to a custodial sentence, and a custodial sentence must be merited. It can ONLY be imposed on a young person below the age of 15 if they are a persistent offender.
6. Detention and training order (DTO)
This is a custodial sentence that must only be used as a last resort, and it is important that the court ensure the young person is legally represented (unless there is a good reason why they aren’t).
A DTO cannot be imposed on a young person under the age of 12, and is only applicable to young people between the ages of 12 and 14 if they are persistent offenders. Any length of time already spent in custody will automatically be taken into account.
Further sentencing options for young people are available in the Crown Court for offences of a more serious nature.
Mavalynne Lewis is an expert defence lawyer with many years specialist experience defending young people
Contact us at https://lewisnedas.co.uk/ using our enquiries page and or call on 020 7387 2032.