#10390 - Non Custodial Youth Sentences - BPC Criminal Litigation (formerly BPTC) 2024/2025

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

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    • young person must be legally represented (unless refused / failed to apply / legal aid withdrawn) when court considers requirement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 of whether previously found G of offence

The referral order

• must

  • specify YOT responsible for implementation

  • require offender to attend youth offender panel meetings

  • specify compliance period, during which contract effective:

    • 3 months - 1 year

    • 10+ months reserved for more serious offences

• when making must explain terms of order and effect of breach

• parental / LA (if in loco parentis) attendance

  • must (under 16) / may (16-17) order parent / guardian to attend panel meetings (unless unreasonable

Mixing referral orders with other sentences / orders

• CANNOT mix with:

  • detention

  • YRO

  • fine

  • reparation order

  • conditional discharge

  • bind over on parent / guardian

• CAN mix with

  • compensation order

  • restitution order

  • deprivation order

  • parenting order

• if makes referral order must deal with connected offence by referral order OR absolute discharge

REPARATION ORDERS

When is a referral order made?

• CC and youth court may impose on offender under 18 convicted of any offence (except murder)

• NOT a community sentence only appropriate if NOT serious enough to justify YRO

• = reparation other than compensation

• max 24 hours' work total

• before making, court must:

  • obtain report (not necessarily PSR) from probation officer, social worker or YOT re: type of suitable work, attitude of Vs

  • explain consequences of failure to comply to offender / responsible officer

  • obtain consent of person specified in order

Mixing reparation orders with other sentences / orders

• CANNOT mix with:

  • detention

  • YRO

• CAN mix with other ancillary orders

ABSOLUTE DISCHARGE (same as for adults - see SGS 10 - sentences)

CONDITIONAL DISCHARGE

• if J receives 2 youth cautions OR youth caution + youth conditional caution AND J convicted of another offence within 2 years of last caution CANNOT get conditional discharge (unless exceptional circumstances)

ORDERS AGAINST PARENTS

Parenting Orders

• what is a parenting order?

  • requires parent to comply with specified requirements for up to 12 months AND may require parent to attend counselling / guidance (must require counselling if subject of parenting order before)

  • e.g.s - ensure juvenile accompanied to school, is indoors by curfew

• power to make

  • TEST = desirable in interests of justice to prevent commission of further offences?

    • Y + under 16 must make (unless also considering referral order)

    • Y + 16+ may make

• reports

  • need NOT obtain PSR, bur if under 16 must obtain info about likely effect on family circumstances

  • if at same time as referral order must obtain report indicating requirements + desirability in preventing commission of further offences

• breach

  • = failure by parent without reasonable excuse to comply

  • effect: parent liable on summary conviction to fine up to level 3

  • constitute of further offence by child NOT breach

Binding over parent / guardian of offender under 18

• = recognizance up to 1000 (taking into account means) to take proper care of + exercise proper control over offender

• need parent's consent, but if DON'T give, can fine up to 1000

• can include ensuring offender complies with...