BPTC Law Notes BPTC Criminal Litigation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible 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)
an activity requirement
general rule: max 90 days
intensive supervision + surveillance: 90 - 180 days
a supervision requirement
max = term of order (3 years)
unpaid work requirement (only offenders 16 or 17 at the time of the conviction)
40 - 240 hours
usually complete within 12 months BUT in force till completed
a programme requirement
an attendance centre requirement
16+ - 12 - 36 hours
14 / 15 - 12 - 24 hours
13 or below - max 12 hours
not more than once on any day or for more than 3 hours on any occasion
a prohibited activity requirement
a curfew requirement + electronic tag
2 - 16 hours per day, within 12 months from day requirement made
must impose electronic tag too, unless court thinks inappropriate / not available
an exclusion requirement + electronic tag
must impose electronic tag too, unless court thinks inappropriate / not available
a residence requirement (only if 16+ at conviction)
place of residence requirement = specification of place where offender must live
person named in order must consent
a local authority residence requirement
max 6 months
may NOT apply once person reaches age 18
may state person NOT to reside with specified person
offence must be due to a significant extent to circumstances in which young person living AND requirement will assist rehab
young person must be legally represented (unless refused / failed to apply / legal aid withdrawn) when court considers requirement
before made must consult parent / guardian (unless impracticable) AND LA
a mental health treatment requirement
a drug treatment requirement
can be resident or non-resident treatment
court must be satisfied
arrangements (can be) made for treatment
appropriate officer recommends suitable
offender has expressed willingness to comply
a drug testing requirement
alongside treatment requirement
must specify min samples per month
may specify when, how, type of sample
court must be satisfied
arrangements (can be) made for treatment
offender has expressed willingness to comply
an intoxicating substance (NOT controlled drug) treatment requirement
court must be satisfied
offender dependent on / has propensity to misuse intoxicating substances
dependency susceptible to treatment
arrangements (can be) made for treatment
offender has expressed willingness to comply
an education requirement
comply with approved education requirements - made by parent / guardian + approved by LA
LA must say
suitable arrangements exist to provide full-time education; AND
requirement necessary to secure good conduct / prevent reoffending
electronic monitoring requirement
purpose: secure compliance with another requirement
must be requirements in place in that area + provision can be made for proposed requirements
YRO with intensive supervision and surveillance (ISSP)
only available if:
offence punishable with imprisonment; +
offence(s) so serious that custodial sentence would've been appropriate (if under 12 = appropriate if 12+); +
if offender under 15 at conviction = persistent offender
may include extended activity requirement 90 - 180 days; if included must include supervision + curfew requirements
other requirements may also be included
YRO with fostering
only available if:
offence punishable with imprisonment; +
offence(s) so serious that custodial sentence would've been appropriate (if under 12 = appropriate if 12+); +
if offender under 15 at conviction = persistent offender; +
arrangements available in LA area; +
young person legally represented (unless refused / failed to apply / legal aid withdrawn) when court considers requirement
must
consult parent / guardian (unless impracticable) + LA
impose supervision requirement too
specify period to reside in foster care, up to max 12 months + not operating after age 18
Breach of YRO (as for adults but allows 1 more warning before information must be laid)
Revocation of YRO (very similar to adults)
Amendment of YRO (very similar to adults)
REFERRAL ORDERS
What is a referral order?
= referral to youth offender panel (with experience / interest in dealing with young people)
panel agrees 'contract' with offender + family aimed at tackling offending behaviour
When is a referral order made?
youth court / adult mags' must make if:
offender under 18 + sentence for offence / connected offence NOT fixed by law; +
court NOT proposing custodial sentence / hospital order for offence / connected offence; +
court NOT proposing to grant conditional / absolute discharge for the offence; +
offender pleaded G to offence + connected offences AND has never been convicted of any other offence; +
SoS has notified court arrangements for referral orders available in area
youth court / adult mags' may make if:
offender dealt with for offence + 1+ connected offences, regardless of whether any punishable with imprisonment; +
pleaded G to at least 1, regardless...
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started