#10397 - Custodial Youth Sentences - BPC Criminal Litigation (formerly BPTC) 2024/2025

CUSTODIAL YOUTH SENTENCES N.B. relevant age = age at conviction

LEGAL REPRESENTATION

• custodial sentence CANNOT be passed on offender under 21 not legally represented (unless refused / failed to apply / legal aid withdrawn)

CUSTODIAL SENTENCES - 18 - 20 YEAR OLDS

DETENTION IN YOUNG OFFENDER INSTITUTION

• court must pass if offender aged 18-20 convicted of offence punishable with imprisonment for 21+

• maximum term = same as max imprisonment for offence

• minimum term = 21 days (but can be less if to punish breach of requirement on release from detention)

DISCRETIONARY LIFE SENTENCE (PCC(S)A s94)

• court shall sentence to custody for life if

  • person 18-20 convicted of offence for which:

1. sentence NOT fixed by law; +

2. person 21+ would get sentence of life imprisonment

---- AND ----

3. considers life sentence appropriate

   • life reserved for most exceptional cases

   • if meets requirements of CJA s225 must sentence for life

   • release

     • may specify part of sentence which must expire before eligible for consideration for early release (s82A PCC(S)A):

1. decide notional determinate term (determinate sentence if custody for life hadn't been imposed)

2. specify period which must expire - normally half notional determinate term

CUSTODIAL SENTENCES - U18s

AVAILABLE CUSTODIAL SENTENCES FOR U18s

MURDER

• under 21 at date of conviction AND under 18 on commission = detention at her majesty's pleasure (PCC(S)A 2000 s90)

  • her majesty's pleasure = detained in place and conditions SoS directs / arranges

  • offenders 10-20 on commission CANNOT attract whole life sentence

  • starting point for offenders 10-17 on commission = 12 years

DETENTION FOR LIFE (s91 PCC(S)A)

• court may impose detention for life if the offence carries life imprisonment as a max penalty for an adult

Detention for life for serious offence (dangerous offender) (s226 CJA 2003) N.B. very similar to adults

• court must impose detention for life if

1. under 18 on conviction; AND

2. convicted of serious specified offence (carries 10+ years / life for adult); AND

3. significant risk to members of public of serious harm occasioned by commission of further offences; AND

4. may be liable to detention for life under s91 (i.e. offence carries life imprisonment as max penalty for adult); AND

5. seriousness of offence(s) justifies detention for life

Release

• may specify part of sentence which must expire before eligible for consideration for early release (s82A PCC(S)A):

1. decide notional determinate term (determinate sentence if detention for life hadn't been imposed)

2. specify period which must expire - normally half notional determinate term

EXTENDED SENTENCE FOR DANGEROUS OFFENDER (s226B CJA 2003) N.B. very similar to adults

• also = criteria which must be met for mandatory sending of dangerous juvenile to CC

• court may impose if

1. under 18 on conviction

2. convicted of specified offence; +

3. significant risk to members of public of serious harm occasioned by commission of further offences; +

4. if were to impose extended sentence, appropriate custodial term would be at least 4 years; +

5. NOT liable to be sentenced to detention for life under s91 (s226)

• same principles as apply to adults

LONG-TERM DETENTION FOR GRAVE CRIME (PCC(S)A s91)

• purpose

  • max sentence of YC = 24 month DTO

  • s91 allows CC to impose a longer sentence for grave crimes (exceptional)

• court may impose period of detention NOT exceeding period of imprisonment for adult offender if:

  • juvenile 10+ convicted of:

1. offence carries 14+ years' imprisonment for adult offender

2. sexual assault, child sex offences, sexual activity with a child family member or inciting child family member to engage in sexual activity

3. possession prohibited weapon (s51A Firearms Act) OR using someone to mind weapon (VCRA 2006) (N.B. the mandatory min sentence for U18s is 3 years)

----AND----

4. court thinks youth rehab order nor DTO suitable

DETENTION AND TRAINING ORDER (DTO)

Availability

• available if:

1. offender under 18 (if 17 on conviction but 18 when sentence, sentence = DTO NOT detention in young offenders' institution); AND

2. convicted of offence punishable with imprisonment in case of 21; AND

3. custody threshold passed; AND

4. offender is:

   1. aged 15-17; or

   2. persistent offender aged 12-15

Duration

• 4, 6, 8, 10, 12, 18 or 24 months (half custody + half supervision)

• indictable offences: may NOT exceed max term of imprisonment CC could impose on 21+

• summary only offences: if max term for 18+ is 51 weeks, max DTO = 6 months

• if D pleads G, max 24 months should NOT be imposed (unless exceptional)

• if term above 24 months imposed, excess automatically cancelled

Breach of supervision requirements attached to DTO (s104 PCC(S)A)

• if failure to comply proved, youth court may:

1. order offender to be detained in youth detention accommodation NOT exceeding shorter of:

1. 3 months; +

2. period between date of failure - end of term of DTO

2. order offender to be subject to supervision period NOT exceeding

1. 3 months; +

2. period between date of failure - end of term of DTO

3. impose fine of up to 1000

• if commits further imprisonable offence court may:

  • deal with offender for new offence; AND

  • offender to return to...