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BPTC Law Notes BPTC Criminal Litigation Notes

Non Custodial Youth Sentences Notes

Updated Non Custodial Youth Sentences Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

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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)

  1. an activity requirement

    • general rule: max 90 days

    • intensive supervision + surveillance: 90 - 180 days

  2. a supervision requirement

    • max = term of order (3 years)

  3. 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

  4. a programme requirement

  5. 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

  6. a prohibited activity requirement

  7. 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

  8. an exclusion requirement + electronic tag

    • must impose electronic tag too, unless court thinks inappropriate / not available

  9. 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

  10. 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

  11. a mental health treatment requirement

  12. 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

  13. 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

  14. 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

  15. 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

  16. electronic monitoring requirement

    • purpose: secure compliance with another requirement

    • must be requirements in place in that area + provision can be made for proposed requirements

  17. 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

  18. 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:

  1. offender under 18 + sentence for offence / connected offence NOT fixed by law; +

  2. court NOT proposing custodial sentence / hospital order for offence / connected offence; +

  3. court NOT proposing to grant conditional / absolute discharge for the offence; +

  4. offender pleaded G to offence + connected offences AND has never been convicted of any other offence; +

  5. SoS has notified court arrangements for referral orders available in area

  • youth court / adult mags' may make if:

  1. offender dealt with for offence + 1+ connected offences, regardless of whether any punishable with imprisonment; +

  2. pleaded G to at least 1, regardless...

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