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Non Custodial Youth Sentences Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

Updates Available  

A more recent version of these Non Custodial Youth Sentences notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

NON-CUSTODIAL YOUTH SENTENCES NON-CUSTODIAL SENTENCES - 18 - 20 YEAR OLDS

? as for 21+
? can get suspended sentence (U18 CANNOT) NON-CUSTODIAL SENTENCES - U18s AVAILABLE NON-CUSTODIAL SENTENCES FOR U18s Non-custodial sentence

Which court can impose?

Reparation order

CC

Youth rehabilitation order (YRO)

CC AND youth court

Compensation order

CC AND youth court

Referral order

CC, youth court AND adult mags'

Fine

CC, youth court AND adult mags'

Absolute / conditional discharge

CC, youth court AND adult mags'

Parental bind over

adult mags'

Ancillary order

adult mags'

YOUTH REHABILITATION ORDERS General

? can order YRO to take effect, re: DTOs at start of supervision period / expiry of term
? if other YRO in force at time, court must NOT make another without revoking first
? YRO must specify date (max 3 years after made) by which its requirements must be fulfilled

? must consider young person's family circumstances and effect of YRO on them The requirements (see SGS 10 - sentences (community orders) for details of requirements)

(a) an activity requirement o general rule: max 90 days o intensive supervision + surveillance: 90 - 180 days (b) a supervision requirement o max = term of order (3 years) (c) unpaid work requirement (only offenders 16 or 17 at the time of the conviction) o 40 - 240 hours o usually complete within 12 months BUT in force till completed (d) a programme requirement (e) an attendance centre requirement o 16+ - 12 - 36 hours o 14 / 15 - 12 - 24 hours

o 13 or below - max 12 hours o not more than once on any day or for more than 3 hours on any occasion (f) a prohibited activity requirement (g) a curfew requirement + electronic tag o 2 - 16 hours per day, within 12 months from day requirement made o must impose electronic tag too, unless court thinks inappropriate / not available (h) an exclusion requirement + electronic tag o must impose electronic tag too, unless court thinks inappropriate / not available (i) a residence requirement (only if 16+ at conviction) o place of residence requirement = specification of place where offender must live o person named in order must consent (j) a local authority residence requirement o max 6 months o may NOT apply once person reaches age 18 o may state person NOT to reside with specified person o offence must be due to a significant extent to circumstances in which young person living AND requirement will assist rehab

o young person must be legally represented (unless refused / failed to apply / legal aid withdrawn) when court considers requirement

o before made must consult parent / guardian (unless impracticable) AND LA (k) a mental health treatment requirement (l) a drug treatment requirement o can be resident or non-resident treatment o court must be satisfiedarrangements (can be) made for treatmentappropriate officer recommends suitableoffender has expressed willingness to comply

(m) a drug testing requirement o alongside treatment requirement o must specify min samples per month o may specify when, how, type of sample o court must be satisfiedarrangements (can be) made for treatmentoffender has expressed willingness to comply

(n) an intoxicating substance (NOT controlled drug) treatment requirement o court must be satisfiedoffender dependent on / has propensity to misuse intoxicating substancesdependency susceptible to treatmentarrangements (can be) made for treatment

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