Juvenile Sentencing Notes

YOUTH SENTENCING POWERS Purpose of Sentencing Statutory requirement: Must have regard to the principal aim of the youth justice system - to prevent offending by children and young persons Age of Juvenile For Purposes of Trial Age at date of committing the crime should be taken as the starting point For Purposes of Sentencing If there is dispute between age at sentence or conviction, the age should be taken as that at conviction. Pre-Sentence Reports If Juvenile - Court must get Pre-sentence Report before sentence unless: has most recent Presentence Report in respect of Juvenile and has regard to info contained in it. * Unlikely if Pre-sentence Report out-of-date Youth Court Sentencing Sentence Conditions Absolute Discharge Where the court decides it is inappropriate to inflict any punishment - the circumstances of the offence disclose little blame on the part of the offender Conditional Discharge Juvenile discharged on condition that does not If Juvenile received a warning under s65 CDO commit any further offences for specified period 1998 and convicted within 2 yrs - must be (max: 3yrs) exceptional circumstances which justify a conditional discharge If commits offence - re-sentence on original offence (any sentence which could have been imposed originally) * Magistrates Court can sentence on CD given by another Magistrates Court with their consent * Crown Court can sentence on Magistrates Court CD but limited to Magistrates Court powers * only Crown Court can sentence on Crown Court CD. Fine Juvenile: 15-17 - max: PS1000 Juvenile: 10-14 - max: PS250 Juvenile under-16: must order payment by parents Juvenile 16-17: may order payment by parents Binding over Binding over parents to take proper care of and exercise proper control over Juvenile. (rare) Referral Order Juvenile has to attend meetings with YOP for 312 mnths and may be required to comply with: * making reparations * undergoing mediation * unpaid work * specified activities * refraining from certain activities, or * staying away from specified places/people Juvenile under-16 - must consider Mandatory: G plea first offence Discretionary: - NG plea + first offence - Juvenile not previously referred to YOP - Juvenile referred to YOP once + Recommended + exceptional circumstances. Cannot also impose: community sentence, fine, reparation order or binding over. Youth Rehabilitation Order (YRO) Community sentence for Juvenile Only if offence punishable with imprisonment or Juvenile previously fined 3+ times. Length - sufficient time to comply (consider at risk of sanctions for whole period) Must specify date(s) by which requirements must be met - max: 3 years Must pass custodial threshold in s148 CJA "serious enough to warrant such a sentence" Determining YRO 1. Has offence(s) crossed community sentence threshold? 2. What requirements are most suitable for Juvenile? 3. What period necessary to ensure requirements complied with? 4. Are restrictions on liberty commensurate with the seriousness of the offence? Requirements - Activity requirement - Supervision requirement - Unpaid work requirement - Programme requirement - Attendance centre requirement - Prohibited activity requirement - Curfew requirement - Exclusion requirement - Residence requirement - Mental health treatment requirement - Drug treatment requirement - Drug testing requirement - Intoxicating substance requirement - Education requirement - Electronic monitoring requirement Must ensure YRO is suitable and commensurate with the offence(s) Amending/Revoking YRO May amend/revoke YRO if "in the interests of justice": * Simple revocation - Juvenile's "good behaviour" * Revoke and resentence - comission of further offence * Amend - Juvenile's change in circumstances Breach of YRO Options: 1. Take no action 2. Impose fine - max PS1k (14-17), max PS250 (D <14) 3. Amend YRO - may not amend to become "extended YRO" 4. revoke YRO and resentence 5. Revoke YRO & impose DTO - if: * Original offence imprisonable, or * Wilful and persistent non-compliance * must state why extended YRO not apt "persistent" - min 3 - each resulting in ct appearance must take account of Juvenile's compliance with 

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