#10394 - Non Custodial Sentencing Table Adults And Youths

	ADULTS (18+)				YOUTHS
SENTENCE	Type	Test	Court	Breach	Type	Test	Court	Breach
Discharge Can't combine with punitive measure	Absolute discharge	Reflects triviality / circumstances of offence	CC Mags' CA	N/A			CC Youth court Adult mags'
Discharge Can't combine with punitive measure	Conditional discharge	Max period 3 years Only condition is non-commission of further offences	CC Mags' CA	Commission of offence within 3 year period		If J receives 2 youth cautions / youth conditional cautions / mix AND convicted of another offence within 2 years of last caution, can't get.	CC Youth court Adult mags'
Fine Cannot: combine with hospital order / discharge impose for dangerous offender or PCC(S)A offence		Unlimited fine. Must fix term of imprisonment in default, dependant on amount - between 7 days and 10 years. Must enquire into financial circumstances, and take into account.	CC	Mags' do all enforcement for fines. O does not have means to pay Order time to pay / instalments O fails to pay Mags' issue summons to bring O back before court and may order: time to pay / instalments / reduce amount of instalments remit fine (if change of circumstances / imposed with inadequate means info) - need CC's consent if they imposed immediate imprisonment for default term if: O already serving custodial sentence; OR imprisonable offence and O has means to pay immediately; OR default due to wilful refusal / culpable neglect proved BRD suspended imprisonment, conditional on instalments attachment of earnings / benefits N/A	U16: must order parent to pay 16 / 17: may order parent to pay	Unlimited fine No imprisonment in default	CC	N/A
		Max 5000 (per summary / either-way offence) - no maximum aggregate	Mags'			14-17: max 1000 U14: max 250	Youth court Adult mags'
Bind over	To keep the peace	W, D, C Person bound over promises to pay sum if misbehaves. Court must fix period and amount of surety.	Mags' CC CA	Forfeit surety.
	To come up for judgment	Need D's consent Bound over on surety	CC only	Sentence kicks in. May forfeit surety
					Parental - to keep proper care of and control O	Need parent's consent, but if don't give can fine up to 1000 Can include compliance with YRO Max 3 years - ceases when turn 18 If desirable in interests of justice must make for U16 and may make for 16 / 17	Adult mags'	Parent forfeits surety up to 1000
Parenting order						Desirable in interests of justice to prevent further offences? May need report to decide. Requires parent to comply with requirements for 12 months. May / must if previous parenting order counselling.	Adult mags'	Fine up to 1000 N.B. commission of further offence by J breach
Reparation order Can't mix with: detention YRO						Any offence except murder. If not serious enough to justify YRO. Max 24 hours work. Court must obtain report on what work suitable explain consequences of failure to comply obtain consent of person in order	CC	N/A
Referral order Can only* mix with compensation orders + parenting orders.* If connected offences must* deal by referral order / discharge.*					= referral to youth offender panel - agree contract with O aimed at tackling offending behaviour	Must make if: not murder court not proposing custodial sentence court not proposing discharge O pleaded G and has no pre-cons May make if O pleaded G, regardless of whether has any pre-cons The order specify YOT require O to attend meetings specify complicance period (3 months - 1 year) must (U16) / may (17 / 18) attend parent to attend meetings	CC Youth court Adult mags'	N/A
Community order (adult) Youth rehabilitation order Court must specify end date max 3 years after order imposed Local arrangements must exist Must be proportionate to risk of re-offending	Unpaid work	40 - 300 hours ends when hours of work completed person suitable to perform work	CC Mags'	Breach 1 breach warning 2nd breach within 12 months lay info before mags' to bring O before court Court must do one of: make more onerous order fine up to 2500 revoke original order and: deal as if just been convicted impose imprisonment for up to 6 months for wilful and persistent non-compliance if: O 18+ original offence not imprisonable mags' can only do if made original order CC limited to powers of court that made order If mags' dealing with breach of order made by CC, may commit O in custody / bail to appear before CC O convicted of further offence Court may revoke and deal with O as could've been dealt with for original offence mags' can only do if made original order CC limited to powers of court that made order		40 - 240 hours	CC Youth court	Same but get 1 more warning. Can't impose imprisonment.
	Activity requirement	max 60 days compliance feasible consent of 3rd party whose cooperation required				max 90 days intensive supervision and surveillance: 90 - 180 days if: offence imprisonable so serious custodial sentence appropriate for 12+ if offender U15, persistent offender	Adult mags'	N/A
	Programme requirement
	Prohibited activity requirement	must consult probation officer
	Curfew requirement + electronic tag	2 - 16 hours per day 12 months max consider attitude of anyone affected by presence of offender
	Exclusion requirement + electronic tag	2 years max
	Residence requirement	recommendation of probation officer if at hostel must consider home surroundings				only if 16 / 17 at conviction person named must consent
					LA residence requirement	max 6 months ceases to apply when turn 18 offence due to circumstances youth living in and residence will assist rehab must be legally represented to impose must consult parent and LA
	Foreign travel prohibition requirement	12 months max
	Mental health treatment requirement	mental condition susceptible to / requires treatment (but not hospital order) offender willing
	Drug treatment and testing requirement	dependant on / propensity to misuse controlled drug susceptible to treatment probation officer recommends offender willing
					Intoxicating substance treatment requirement	same as for controlled drugs
	Alcohol treatment requirement	dependant on alcohol susceptible to treatment offender willing
	Supervision requirement
	Attendance centre requirement	under 25s only 18 - 24: 12 - 36 hours not more than once a day or for >3 hours on any occasion centre reasonably accessible				16 / 17: 12 - 36 hours 14 / 15: - 12 - 24 hours 13 or below: max 12 hours
					Education requirement	parent specifies education requirements, LA approves necessary to prevent reoffending
Ancillary order Not punitive.					YRO with fostering	if: offence imprisonable so serious custodial sentence appropriate for 12+ if offender U15, persistent offender youth legally represented max 12 months, ceases at age 18 consult parent and LA
Ancillary order Not punitive.	Registration as sex offender	Notify police of DoB, NI number, names / aliases, addresses within 3 days of conviction. Notify of any changes.	CC Mags'	N/A		General discretion to make ancillary orders
Alternatives to prosecution	Forfeiture and deprivation	For property (intended to be) used in offence				Can order compensation.	CC Youth court	N/A
	Endorsement of driving licence / disqual	Motoring: obligatory (12 months min) / discretionary disqual and penalty points (12 = disqualification). Can also impose for non-motoring offences.
	Confiscation - POCA 2002	D who has benefitted from criminal conduct assumed all property possesses / money spent from criminal conduct. O must show not on balance of probs. Prison sentence in default - if activated, O still owes.
	Compensation	Must order if offending causes PI or damage. Mags: max 5000/offence CC: unlimited
					Community resolution	Need J's consent. V's views considered. Notify YOT.	Police	N/A
					Youth caution	Any offence if: Y admits sufficient evidence for realistic prospect of conviction not in public interest to prosecute / give youth conditional caution AA must be present when given if U17 Refer J to YOT for rehab.
					Youth conditional caution	Any offence if: Y admits evidence J committed an offence sufficient evidence for realistic prospect of conviction youth caution should be given Explain to J. J then signs consent. Refer J to YOT for rehab.

#10394 - Non Custodial Sentencing Table Adults And Youths - BPC Criminal Litigation (formerly BPTC) 2024/2025

About Oxbridge

More Bpc Criminal Litigation (Formerly BPTC) 2024/2025 Samples