Introduction to Sentencing Young Offenders
In England and Wales, the law treats children and teenagers differently from adults. When someone between the ages of 10 and 17 commits a crime, they are classed as a young offender. The legal system recognizes that young people are still developing, so the focus of sentencing is often on rehabilitation (helping them change) and welfare, rather than just punishment.
Don't worry if the different types of orders sound confusing at first! Think of it this way: the court has a "toolbox" of options, ranging from a simple warning to a period of time in a secure center. This chapter will look at how the courts decide which tool to use.
Aims of Sentencing for Young Offenders
While adult sentencing has many goals, the youth justice system has a primary statutory aim: to prevent reoffending. The court must also have "regard to the welfare of the child."
Note: For more detail on the general goals of punishment, see the chapter "Aims of sentencing".
Types of Sentences for Young Offenders
Sentences for young people are generally divided into three main categories: Custodial, Community, and Fines/Discharges.
1. Custodial Sentences (Last Resort)
Sending a young person to a secure center is a very serious step. By law, a custodial sentence should only be given if the crime is "so serious" that no other sentence is appropriate.
The Detention and Training Order (DTO): This is the most common custodial sentence for young people aged 12 to 17.
• It lasts between 4 months and 2 years.
• The offender spends the first half of the sentence in custody (like a secure unit) and the second half in the community under supervision.
2. Community Sentences
Most young offenders are given community-based sentences. These allow the young person to stay at home while completing specific requirements to help them improve their behavior.
The Youth Rehabilitation Order (YRO): This is the main "umbrella" community sentence. The court can pick and choose from different requirements to suit the offender, such as:
• Curfews: Staying at home during certain hours.
• Supervision: Regular meetings with a youth offending team worker.
• Activity Requirements: Taking part in specific programs (e.g., educational workshops or sports).
• Unpaid Work: Giving back to the community (for those aged 16–17).
3. Fines and Discharges
Fines: Just like adults, young people can be fined. However, because they usually don't have their own income, the parents are usually required to pay the fine if the offender is under 16.
Absolute Discharge: The court decides the experience of being caught and going to court is enough punishment, and no further action is taken.
Conditional Discharge: No punishment is given unless the offender commits another crime within a set period (up to 3 years).
Quick Review: Remember the DTO (custody) and the YRO (community). These are the two most important terms to use in your exam answers!
The Role of Parental Responsibility
The law believes that parents should be involved in helping their children stay out of trouble. Because of this, the court has specific powers regarding the parents or guardians of young offenders.
Parenting Orders: A court can order parents to attend guidance or counseling sessions for up to three months. They might also be told to make sure their child is at home at certain times or attends school every day.
Attendance at Court: If a child is under 16, at least one parent must attend the court hearings. If they are 16 or 17, the court can still require the parents to attend if they think it is necessary.
Factors in Sentencing Young Offenders
When a judge or magistrate decides on a sentence, they don't just look at the crime; they look at the offender. This process is called "individualized sentencing."
Key factors the court will consider:
• The Seriousness of the Offence: Naturally, a more serious crime leads to a tougher sentence.
• Age and Maturity: A 10-year-old might be treated more leniently than a 17-year-old for the same act because they have less "criminal maturity."
• Remorse: Has the young person admitted the crime and shown they are sorry?
• Home Life and Background: Is the young person being looked after properly? Are they in school? Do they have a stable home?
• Previous Record: Is this their first time in trouble, or is there a pattern of behavior?
Did you know? Youth courts are less formal than adult courts. For example, the magistrates sit at the same level as the child, and everyone is usually referred to by their first names to make it less intimidating.
Summary and Key Takeaways
The 10-17 Rule: Young offender rules apply to those aged 10 to 17.
Rehabilitation First: The goal is to stop reoffending and protect the child's welfare.
Custody is Rare: It is used only as a last resort (e.g., the Detention and Training Order).
YRO is the Main Tool: The Youth Rehabilitation Order is the primary community sentence.
Parents are Involved: Parents can be fined or given Parenting Orders to help them manage their child's behavior.
Common Mistakes to Avoid:
• Don't say young offenders go to "prison." They go to Secure Training Centres or Young Offender Institutions, often referred to generally as "custody" or "detention."
• Don't forget the age of criminal responsibility is 10. Children under 10 cannot be sentenced for a crime in England and Wales.
• Don't mix up adult and youth sentences. Adults get "Community Orders," but young people get "Youth Rehabilitation Orders."